Can my landlord keep my bond for normal wear and tear in New South Wales?

Q: Can a landlord deduct cleaning costs from my bond in NSW?

Yes, a landlord can deduct cleaning costs from your bond in NSW, but only if the property is not reasonably clean. The law requires you to leave the premises in the same condition as when you moved in, minus fair wear and tear. They cannot charge for a professional clean automatically if it is already clean.

Q: Can I make repairs myself and deduct the cost from rent in New South Wales?

No, you cannot simply make repairs yourself and deduct the cost directly from your rent in New South Wales. You are legally required to continue paying your rent in full. However, for specific urgent repairs, you can arrange the work yourself up to the value of $1,000 and claim a reimbursement from your landlord.

Q: What repairs is my landlord legally required to fix in New South Wales?

Yes, your landlord is legally required to provide and maintain the property in a reasonable state of repair in New South Wales. This includes fixing both urgent issues, like burst water pipes or gas leaks, and non-urgent problems, such as a broken stove or leaking taps, provided the damage wasn't caused by your negligence.

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Answer

No, a landlord cannot keep your bond for fair wear and tear in New South Wales. Fair wear and tear refers to the normal deterioration of a property from everyday use, such as faded curtains or minor scuff marks. Tenants are only responsible for damage caused intentionally or through negligence, not for the ordinary aging of the rented property.

Residential Tenancies Act 2010 (NSW) - Fair Trading NSW

Last UpdatedApril 30, 2026

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How it works in practice

Understanding Fair Wear and Tear

Under NSW tenancy laws, landlords cannot claim deductions from your rental bond for fair wear and tear. This legal protection ensures tenants are not financially penalised for the natural deterioration of a property that occurs through ordinary, everyday living.

What Counts as Wear and Tear

Examples of fair wear and tear include faded paint from sunlight, minor scuff marks on walls, worn carpet in high-traffic areas, and loose hinges on older cupboards. These are considered the landlord's responsibility as part of the general upkeep and maintenance of their investment property.

What Counts as Damage

Conversely, tenants are liable for actual damage. This includes things like large stains on the carpet, shattered windows, or burns on the kitchen benchtop. If the deterioration is the result of negligence, carelessness, or intentional actions by the tenant or their guests, the landlord is legally entitled to claim a portion of the bond to cover the repair costs.

Resolving Disagreements

If you disagree with your landlord about whether an issue is damage or just wear and tear, you can dispute the claim through NSW Fair Trading. You may also escalate the matter to the NSW Civil and Administrative Tribunal (NCAT) for a binding legal decision.

Important exceptions

While fair wear and tear is universally protected, exceptions occur if the deterioration was accelerated by the tenant's failure to maintain basic cleanliness or report maintenance issues. For example, if a minor leak is not reported and causes major water damage, the tenant may be held liable for the resulting costs due to negligence.

Additionally, damage caused by unapproved pets, such as scratched floorboards or chewed skirting boards, is never considered fair wear and tear. Tenants are fully responsible for rectifying these issues, and the landlord can legally deduct these repair expenses from the rental bond.

What you should do now

Review the initial condition report you signed at the start of your tenancy to compare the property's original state with its current condition.
Clean the property thoroughly and take comprehensive photographs of all rooms and surfaces before handing the keys back to the landlord or agent.
Complete and submit a bond claim form directly to Fair Trading NSW online as soon as you have vacated the premises.
Request an itemised list and quotes from your real estate agent or landlord if they attempt to claim money for alleged damages.
Apply to the NSW Civil and Administrative Tribunal (NCAT) for a formal hearing if you cannot reach a fair agreement with your landlord.

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