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HousingExplainer

Tenant rights in New South Wales

Your rights as a renter in NSW in 2026: what you can and cannot be charged when you apply, the bond held by NSW Fair Trading, the condition report, once-a-year rent increases, the end of no-grounds evictions, pets, repairs, and where to get free help.

Checked 8 Oct 2026
Applies to
Everyone renting a home under a residential tenancy agreement in New South Wales, including Sydney. Boarding houses and other occupancy agreements follow different rules.
Effort
Medium effort
Time needed
About 30 minutes to read; keep it at hand when you sign a lease
Cost
Holding fee up to 1 week's rent
When
Before you apply for a home, when you sign, and whenever a problem comes up
On this page
  1. Overview
  2. Before you start
  3. Documents you need
  4. Step by step
  5. What you can and cannot be charged at the start
  6. Your bond
  7. The condition report
  8. Rent increases
  9. Ending a tenancy
  10. Pets
  11. Repairs
  12. Watch out
  13. Common mistakes
  14. Tips
  15. Frequently asked questions
  16. Official links
  17. In your plan
  18. Sources
  19. Related guides

Renting in NSW is governed by the Residential Tenancies Act 2010. NSW Fair Trading gives information, handles complaints and holds rental bonds, and the NSW Civil and Administrative Tribunal (NCAT) decides disputes. Major changes took effect in recent years: rent can be increased only once every 12 months (from 31 October 2024), landlords must give a reason to end any lease and cannot unreasonably refuse pets (from 19 May 2025), and tenants can choose to pay rent by Centrepay (from 2 March 2026).

This guide summarises the main rules. For your own situation, contact NSW Fair Trading or a free Tenants' Advice and Advocacy Service.

Before you start

  • A residential tenancy agreement (lease) for a home in NSW

Documents you need

  • Residential tenancy agreement and condition report

    required
  • Identity document for the application

    required

Step by step

  1. Step 1: Before you sign

    Check that you are only being asked for the payments listed above, read the lease and ask for any "material facts" about the property that the landlord must disclose. Keep receipts for everything you pay.

  2. Step 2: When you move in

    Make sure your bond has been lodged with NSW Fair Trading through Rental Bonds Online, complete the condition report with photos and return it within 7 days.

  3. Step 3: During the tenancy

    Pay rent by a method that does not cost you extra (the landlord must offer at least one), report repairs in writing and keep copies of all notices.

  4. Step 4: If something goes wrong

    Talk to the landlord or agent first and keep everything in writing. Contact NSW Fair Trading on 13 32 20 (Monday to Friday, 8:30am to 5pm) or your local Tenants' Advice and Advocacy Service for free advice. If you have a hearing date at NCAT, request advice from a tenants' advice service before the hearing.

What you can and cannot be charged at the start

When you apply for or start a tenancy you can only be asked for:

  • a holding fee of no more than 1 week's rent, and only after your application has been approved. The landlord cannot sign with anyone else for 7 days after you pay it, and the fee goes towards your rent if you sign;
  • a rental bond of no more than 4 weeks' rent;
  • rent in advance of no more than 2 weeks;
  • a fee for registering the lease with NSW Land Registry Services, only for a fixed term of 3 years or more.

You must not be charged for background checks, for viewing the property, for preparing the agreement, for the first set of keys, or a separate bond for a pet. Landlords, agents and rental application platforms are also banned from inviting rent bidding (asking you to offer more than the advertised rent).

Your bond

Your bond is held by NSW Fair Trading, not by the landlord. Agents and self-managing landlords must offer Rental Bonds Online as the first way to lodge it; you can ask for a paper form instead. At the end of the tenancy the bond is refunded through Rental Bonds Online, and if the landlord claims part of it you can accept or dispute the claim. With Smart Rental Bonds, eligible renters can transfer their existing bond to a new tenancy when they move.

The condition report

Before you move in, the landlord or agent must give you the condition report: two paper copies or one electronic copy, with the lease. Complete your part, note all damage (even minor), add time-stamped photos and return one copy within 7 days of moving in. At the end of the tenancy the report is filled in again and used to decide what is fair wear and tear and what is damage.

Rent increases

  • Rent cannot be increased in the first 12 months of an agreement, and after an increase the landlord must wait at least 12 months before the next one. This applies to fixed-term and periodic leases, and to renewals with the same landlord and at least one of the same tenants.
  • The landlord must give you written notice at least 60 days before the increase, stating the new rent and the date it starts.

Ending a tenancy

Since 19 May 2025, a landlord must give a specific ground to end any lease, fixed-term or periodic, and must attach a termination information statement and, for some grounds, supporting documents. Penalties apply for grounds that are not genuine or for false documents.

Minimum notice from a landlord for grounds such as selling, major renovations, changing the property's use or moving in themselves is 60 days for a fixed term of 6 months or less and 90 days for longer fixed terms and periodic leases. If notice is posted, 7 working days are added.

As a tenant, you can end a periodic lease for any reason with 21 days' notice, and give 14 days' notice to end at the end of a fixed term. Leaving a fixed term early is only possible in specific cases. Notices must be in writing, signed and dated, and give the end date.

If you do not move out by the date in a landlord's notice, the landlord must apply to NCAT for a termination order and follow the lawful eviction process. You can challenge a termination notice at NCAT if the process was wrong, the documents were false or the ground was not genuine.

Pets

You can apply to keep a pet. The landlord has 21 days to respond and can only refuse for certain reasons; if they do not respond within 21 days, the pet is automatically approved. If you apply within 7 days of signing, you can keep the pet while you wait. If your request is refused, you can keep the pet for 21 days and apply to NCAT in that time.

Repairs

Tell the landlord or agent what needs fixing, in writing if possible. Urgent repairs are problems that threaten the structure, put lives at risk, make the property unsafe or insecure, or cut off essential services. If you cannot reach the landlord, you can arrange an urgent repair yourself (using any tradespeople listed in your lease) and be reimbursed up to $1,000 within 14 days of your notice. Non-urgent repairs, such as a broken cupboard, still have to be done to keep the property in reasonable condition.

Watch out

Never pay a bond or rent for a property you have not inspected; Scamwatch warns about fake rental listings.

Keep paying rent while you sort out a dispute and ask NSW Fair Trading or a tenants' advice service about your options; non-payment of rent for 14 days is a ground for a termination notice.

Common mistakes

  • Not returning the condition report within 7 days, which weakens your evidence when the bond is refunded.
  • Paying fees for background checks or a pet bond, which are not allowed.
  • Assuming you can leave a fixed-term lease early without consequences.

Tips

  • The NSW Government's Rent Check tool and the Tenants' Union Rent Tracker show typical rents by postcode, which helps when you negotiate or receive a rent increase.
  • Termination notice days are calendar days, counted from the day after the notice is served.

Frequently asked questions

Editorial answers written by our team, based on the sources below.

Can my landlord evict me so they can re-let at a higher rent?

Since 19 May 2025 a landlord needs a specific ground to end a lease. For grounds where the landlord says they need the property for another use, such as moving in themselves, re-letting exclusion periods apply and it is an offence to rent the property out during them.

What if my landlord refuses my pet?

They can only refuse for certain reasons and must respond in writing within 21 days. You can keep the pet for 21 days after a refusal and apply to NCAT to challenge it within that time.

In your plan

  • Lodge your bond and complete the condition report
  • Find a long-term home

Sources

Written and checked by HomiStart editorial against the official sources below. Next scheduled check: 5 Feb 2027.

  1. NSW Government (NSW Fair Trading)Official source
    Costs at the start of a residential tenancy (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  2. NSW Government (NSW Fair Trading)Official source
    Finding and applying for a rental property (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026

    Lists the dates of the rental law changes (31 October 2024, 19 May 2025, 2 March 2026).

  3. NSW Government (NSW Fair Trading)Official source
    Residential rental bonds (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  4. NSW Government (NSW Fair Trading)Official source
    Rental Bonds Online for tenants (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  5. NSW Government (NSW Fair Trading)Official source
    Rental property condition reports (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  6. NSW Government (NSW Fair Trading)Official source
    When and how rent can be increased (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  7. NSW Government (NSW Fair Trading)Official source
    Landlord ending a tenancy (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  8. NSW Government (NSW Fair Trading)Official source
    Giving notice to end a residential tenancy (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  9. NSW Government (NSW Fair Trading)Official source
    Minimum notice periods for ending a residential tenancy (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  10. NSW Government (NSW Fair Trading)Official source
    Pets in rentals (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  11. NSW Government (NSW Fair Trading)Official source
    Getting repairs done (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  12. Tenants' Union of NSW
    Inner Sydney Tenants Advice and Advocacy Service (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  13. Scamwatch (National Anti-Scam Centre, ACCC)Official source
    Buying and selling scams (rental scams) (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026

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