Can my landlord keep my bond for normal wear and tear in Queensland?
No, your landlord cannot legally keep your rental bond for normal wear and tear in Queensland. You are only financially responsible for actual damage caused deliberately or through negligence. Ordinary deterioration from everyday living, such as faded paint or minor scuff marks, cannot be deducted from your bond.
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How it works in practice
What is Fair Wear and Tear?
Fair wear and tear refers to the normal deterioration or aging of a property that occurs naturally over time, even when the tenant is taking good care of the home. Under Queensland rental laws, landlords cannot charge tenants or make deductions from their bond to cover this kind of everyday deterioration.
Examples of Normal Deterioration
Common examples of fair wear and tear include faded curtains from sunlight, minor scuff marks on walls, worn carpet in high-traffic areas, or small cracks in the plaster caused by the building settling. Because these issues happen through ordinary living and natural elements, the tenant is not held legally liable.
Tenant Responsibilities vs. Actual Damage
While tenants are not responsible for wear and tear, they are legally accountable for any actual damage caused either intentionally or through neglect. For example, if a tenant spills red wine on a carpet, smashes a window, or their pet tears up the blinds, the landlord has the right to claim compensation from the bond to repair or replace the damaged items.
The Role of the Entry Condition Report
To avoid disputes, the Entry Condition Report is a vital document. It records the exact state of the property when the tenancy begins. When you move out, the Exit Condition Report is compared against this original document to determine whether changes in the property's condition are due to normal wear and tear or actual damage caused by the tenant.
Important exceptions
While landlords cannot claim for fair wear and tear, an exception exists if the tenant fails to report a minor maintenance issue that subsequently worsens into significant damage. For example, if a small, natural roof leak is ignored by the tenant and causes major water damage to the ceiling or floors, the tenant may be held liable for the extended damage.
Additionally, tenants are responsible for leaving the property reasonably clean. If the property requires professional cleaning to return it to the condition it was in at the start of the lease (excluding fair wear and tear), the landlord can claim those specific cleaning costs from the bond.
What you should do now
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Review your initial Entry Condition Report to verify the original state of the property.
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Take date-stamped photos of the entire property when moving out to prove its condition.
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Complete an Exit Condition Report and provide a copy to your landlord or property manager.
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Submit a bond refund form directly to the Residential Tenancies Authority (RTA) as soon as your lease ends.
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Utilize the RTA's free dispute resolution service if your landlord attempts to unfairly claim your bond for wear and tear.
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