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When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
オーストラリアで住居を借りる場合、登録不動産業者を通じて物件を借りるか、物件所有者（大家）から直接借りることができます。
不動産業者を利用して物件を借りる場合は、登録業者があなたと大家の仲介を果たすことになります。物件の案内、申し込みの手続き、ボンド（敷金）の管理など、貸借の手続きを手助けしてくれます。
大家から直接借りることは、個人賃借（プライベートレンタル）と呼ばれます。これは、大家自身が賃貸手続きを行うものです。これは賃借人にとってリスクが高くなります。大家が正しい手順に従うとは限らないからです。不動産業者が提供するサポートサービスを受けることもできません。
ここでは、オーストラリアで賃借人として留学生が持つ権利、および大家ができること・できないことについて、よくある疑問のいくつかにお答えします。
事前に見学しなくても大家に住居を貸してもらえますか？
法令により、貸してもらうことはできます。ただし、賃貸借契約を締結する前に物件を見て、下記の確認ができるようにすることが大切です。
- 本物の不動産契約であることを自身で確認
- 住居が清潔かつ安全であり、カビなどの汚れがなく、家電製品が作動することを確認
- 物件が安全で利便性のよい立地にあることを確認。例えば、交通手段やキャンパスが近く、建設現場や幹線道路から過度の騒音がしないこと
- 個人貸借物件の大家と会い、きちんとした親切な人物であることを確認
大家は賃貸借契約締結前にボンドを求めることはできますか？
いいえ。大家が賃貸借契約を締結する前にボンドを求めることはできません。法律の下で賃借人としての権利を守るために、まず契約を締結することが大事です。
大家は私のボンドを保持できますか？
いいえ。大家があなたのボンドを保持することはできません。
ボンドは、該当の州政府または準州政府のボンド当局に供託する必要があります。ボンドは、借用期間が終了するまで、当局が保持します。
通常は、あなたがボンド当局に直接提出することができます。しかし、大家があなたの代わりにボンドを提出する場合は、ボンド提出を証明する正式な書面を必ず受け取るようにしてください。提出後、家主は受領書をあなたに渡す必要があります。
借用期間終了時に物件に損傷があった場合、大家は、修理費用の補填としてボンドの一部または全額の使用を主張することができます。物件が良好な状態に保たれていた場合、ボンドは「貸借終了」または「最終」検査完了後に返金されます。
大家は私に状態報告をする必要がありますか？
はい。大家は、壁にある跡やカーペットの染みなど、既存の損傷の詳細について記した状態報告書を提出しなければなりません。その際、あなたは下記のことを行う必要があります。
- 大家の状態報告書が正確であることを確認し、見落としがあれば報告書に追記（写真を撮影しておくこともお勧めします）
- 賃貸借契約締結から7日以内に状態報告書を大家に返却
- 報告書にあなたと大家の両者が署名していることを確認
- 1部を控えとして保管
この報告書は、借用期間終了時に物件の損傷について紛争が生じた場合に証拠として使用できます。
大家はいつでも賃借料を増額できるのですか？
いいえ。大家は、あなたに書面で適切な通知をしない限り、賃借料を増額することはできません。
ほとんどの州・準州では、期間の定めがある賃貸借期間に賃借料を増額することを禁じています。ただし、賃貸借契約を確認する必要があります。賃借料の増額が認められる旨の条項が記載されている場合があるためです。
予定されている賃借料の増額が不合理であると思われる場合は、大家に異議を申し立てるか、該当の州または準州の住宅貸借当局（下記）から支援を受けることができます。
大家は私の許可なしに私の家やアパートに入ることができますか？
いいえ。大家はあなたの許可なくあなたの家やアパートに入ることはできません。ただし、大家はあなたに適切な通知をした後、定期的な検査を行うことが認められています。
以下に関しては州・準州の法律により異なります。
- 通知の予告期間
- 検査実施の頻度
早期に退居した場合、大家は私のボンドを取得できるのですか？
賃貸借契約の条項により異なります。期間の定めがある賃貸借契約を結んでいて、あなたが早期に退居した場合、大家にあなたのボンドの一部または全額を取得する権利があることもあります。新たな賃借人を見つけるための広告費を支払う必要がある可能性もあります。
しかし、月ごとの賃貸借契約であり、退居前に適切な（合意された通知期間内に）通知を行った場合、大家は未払いの賃料や損害を差し引いた金額のボンドを返金する必要があります。
大家は理由なく私を立ち退かせられますか？
いいえ。大家は正当な理由なくあなたを立ち退かせることはできません。しかし、あなたが家賃の支払いを怠った場合、または賃貸借契約に違反した場合は退去させられる可能性があります。
大家があなたに立ち退きを求める場合、大家はあなたに書面で通知し、該当の州または準州が立ち退きのために定める法的手続きに従わなければなりません。
大家は私に物件の修繕費を請求できますか？
修繕の性質と、誰が損傷を与えたかによって異なります。大家の負担となる修繕には以下があります。
- 配管のトラブル
- 電気のトラブル
- オーブンやファンなど家電製品の故障
- 屋根の水漏れや天井の亀裂など、家の構造の瑕疵
ただし、損害があなたやゲストによって生じた場合、その修繕はあなたの負担になります。例えば、壁に穴を開けた場合、自身が修繕費を払うことになります。
大家が家の修繕に応じない場合は、地元の賃借人権利団体に連絡してください。
州および準州の賃借人権利団体
大家の言動について疑問や懸念がある場合は、地元の学生センターまたは賃借人権利団体に相談するか、法的助言を求めてください。
あなたにはオーストラリアで安全かつ快適な住まいを借りる権利があり、いつでも手助けできる人がいます。どこから始めるべきかわからない場合は、所属する教育機関に助言を求めましょう。すべての州と準州に地元の学生向けサービス、ハブ、サポートセンターがあり、支援を提供しています。該当の州または準州で賃借人サービスを依頼することもできます。
- ニューサウスウェールズ州： NSW Fair Trading and Tenants Advice & Advocacy Services NSW /ニューサウスウェールズ州公正取引局およびテナント助言・擁護サービス
- クイーンズランド州： Tenants Queensland and Residential Tenancies Authority/テナント・クイーンズランドおよび住宅賃貸権局
- ビクトリア州： Consumer Affairs Victoria /ビクトリア消費者局
- オーストラリア首都特別地域： Tenants’ Advice Service and Access Canberra /テナント・アドバイスサービスおよびアクセス・キャンベラ
- 西オーストラリア州： WA Department of Commerce and Tenancy WA /西オーストラリア州商務省およびテナンシーWA
- ノーザンテリトリー： Tenants’ Advice Service and Consumer Affairs Northern Territory /テナント・アドバイスサービスおよび北部準州消費者局
- 南オーストラリア州： Consumer and Business Services (CBS) and Tenants Information and Advisory Service /消費者・ビジネスサービス局（CBS）およびテナント情報・助言サービス
- タスマニア州： The Tenants‘ Union of Tasmania and Consumer Affairs/タスマニア・テナント組合および消費者局
