Can my landlord keep my bond for normal wear and tear in Victoria?
No, your landlord cannot legally keep your bond for normal wear and tear in Victoria. You are only financially responsible for actual damage caused by negligence or intentional acts. Everyday deterioration from normal living, like faded paint or worn carpets, cannot be deducted from your bond.
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How it works in practice
Understanding Fair Wear and Tear
In Victoria, the law clearly distinguishes between actual damage and "fair wear and tear." Fair wear and tear refers to the natural deterioration that happens to a property over time through normal, everyday use.
What You Are Not Responsible For
As a tenant, you cannot be penalized for the property aging. Examples of fair wear and tear include slightly faded curtains from sunlight, minor scuff marks on walls, or carpets showing traffic patterns in hallways. Your landlord cannot use your rental bond to upgrade or refresh the property for these normal signs of aging.
What You Are Responsible For
Conversely, you are legally and financially responsible for actual damage caused intentionally, maliciously, or through negligence. Examples include a smashed window, deep burns in the carpet, or large stains that cannot be removed. If you or your guests cause this type of damage, the landlord has the right to claim a portion of your bond to cover the repair costs.
Important exceptions
While landlords cannot claim for fair wear and tear, an exception exists if the deterioration is significantly worse than what is reasonably expected for the length of the tenancy.
Additionally, if you fail to report a maintenance issue—such as a slow water leak—and your delay causes secondary damage to the property, the landlord may successfully claim that the subsequent damage was due to your negligence rather than normal wear and tear.
Finally, unauthorized alterations or modifications made without the landlord's written consent are not considered wear and tear, and you may be charged to restore the property.
What you should do now
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Review your initial condition report and compare it to the current state of the property.
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Take clear, timestamped photos and videos of every room before you hand back the keys.
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Initiate your bond refund claim directly through the RTBA (Residential Tenancies Bond Authority) website as soon as your lease ends.
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Request itemized quotes and evidence from the landlord if they attempt to claim money for alleged damage.
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Apply to the Victorian Civil and Administrative Tribunal (VCAT) for a binding decision if you cannot reach an agreement.
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