What happens if I do not pay rent on time in NSW?

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 my landlord show my property to potential buyers while I am still living there in NSW?

Yes, your landlord can show your property to potential buyers while you live there in New South Wales. However, they cannot simply drop in. They must give you 14 days' written notice before the property is first advertised, and 48 hours' notice before each inspection. Inspections are strictly limited to two per week.

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.

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Answer

If you do not pay your rent on time in New South Wales, you are in arrears and breach your tenancy agreement. If you fall 14 days behind, your landlord can issue a non-payment termination notice, giving you 14 days to vacate. However, you can often stop the eviction by paying the overdue amount.

NSW Fair Trading - Rent Arrears

Last UpdatedMay 1, 2026

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How it works in practice

When you fail to pay rent by the due date in New South Wales, your rent officially falls into arrears. This is a direct breach of your residential tenancy agreement.

Rent Arrears and Your Tenancy

Landlords and agents are legally entitled to contact you to request the outstanding payment immediately. It is important to communicate openly rather than ignoring the problem.

The 14-Day Termination Notice

If your rent remains unpaid and falls 14 or more days behind, the landlord has the legal right to take formal action. They can serve you with a non-payment termination notice, which requires you to vacate the rental property within 14 days.

Stopping an Eviction

Receiving a termination notice does not mean you are automatically evicted. If you pay the entire overdue amount, or if you agree to and strictly follow a repayment plan with your landlord, the termination notice is usually voided.

NCAT Proceedings

If you do not pay the arrears or vacate the premises by the date specified on the notice, the landlord can apply to the NSW Civil and Administrative Tribunal (NCAT) for a termination and possession order to force an eviction.

Important exceptions

There are specific exceptions regarding eviction for rent arrears in New South Wales.

If you have a long history of frequently paying rent late, a landlord can apply directly to the NSW Civil and Administrative Tribunal (NCAT) for an official eviction order, even if you currently pay the overdue amount before the notice expires.

Additionally, you cannot be evicted for unpaid rent if the overdue amount is solely due to unpaid water usage charges or other non-rent fees. The non-payment termination notice must strictly relate to unpaid rent, not auxiliary expenses outlined in your tenancy agreement.

What you should do now

Contact your landlord or real estate agent immediately to explain why the rent is late.
Pay as much of the outstanding rent as you can immediately to reduce the total arrears.
Propose a realistic, written repayment plan to catch up on the overdue amount over a set period.
Keep detailed records and receipts of all communications and partial rent payments you make.
Seek free legal advice from your local Tenants' Advice and Advocacy Service if you receive a termination notice.

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