Can my landlord keep my bond for normal wear and tear in the ACT?
No, your landlord cannot keep your rental bond for normal wear and tear in the ACT. You are only financially responsible for actual damage caused by negligence or intentional acts. Normal deterioration from everyday living, such as faded curtains or minor scuff marks, is not your responsibility.
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How it works in practice
What is Fair Wear and Tear?
In the Australian Capital Territory (ACT), the law recognizes that properties naturally age and deteriorate over time through ordinary, everyday use. This process is legally known as "fair wear and tear." Your landlord cannot penalize you or deduct money from your rental bond for this normal aging process.
Examples of Normal Wear and Tear
Common examples of fair wear and tear include paint fading from sunlight, minor scuff marks on walls, worn carpet in high-traffic areas, and worn hinges on doors or cupboards. Because these occur naturally while living in the home, the financial responsibility for replacing or repairing them falls entirely on the landlord.
Damage vs. Wear and Tear
It is important to understand the legal distinction between normal deterioration and actual damage. You are only responsible for issues caused by negligence, recklessness, or intentional actions. For instance, a carpet fading over five years is fair wear and tear, but a red wine stain or a burn mark from an iron is considered damage. If you cause actual damage, the landlord has the right to claim a portion of your bond to cover the specific repair costs.
Important exceptions
The primary exception to the fair wear and tear rule is when deterioration occurs because you failed to perform routine cleaning or basic maintenance.
For example, if a small, easily cleanable spill is left unattended and permanently ruins the flooring, a tribunal may classify this as damage due to negligence rather than normal wear.
Additionally, if you fail to report a minor maintenance issue—such as a slow leak under the sink—and it subsequently causes severe water damage to the cabinetry or flooring, you may be held financially liable for the resulting repairs, as your lack of action escalated the problem.
What you should do now
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Take comprehensive photos and videos of the property when you first move in to establish its original condition.
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Fill out the initial condition report thoroughly, noting any existing scuffs, marks, or signs of wear.
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Report any maintenance issues or accidental damage to your landlord immediately in writing to prevent the problem from worsening.
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Clean the property thoroughly when moving out, ensuring it matches the cleanliness standard documented in your original condition report.
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Claim your bond directly from the ACT Revenue Office as soon as you hand back your keys, rather than waiting for the landlord to approve the release.
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