Renter's Rights in NSW: Complete Guide for Tenants (2026)

The NSW Residential Tenancies Act 2010

The Residential Tenancies Act 2010 (NSW) is the primary legislation governing the relationship between landlords and tenants in NSW. It sets out the rights and responsibilities of both parties, from signing the lease through to bond refunds after vacating.

Significant reforms were introduced in 2023, most notably requiring 12 months between rent increases and strengthening protections for renters in periodic agreements. The Act is administered by NSW Fair Trading, and disputes are resolved through the NSW Civil and Administrative Tribunal (NCAT).

The Act applies to most residential tenancies in NSW, including houses, apartments, and shared housing. Boarding houses and social housing have separate rules.

Lease types, fixed term vs periodic

• Fixed term: A lease with a defined start and end date (commonly 6 or 12 months). The landlord generally can't end the tenancy without grounds during this period, and the tenant can't leave without penalty unless an exemption applies (e.g. domestic violence, uninhabitable property).
• Periodic: A "rolling" agreement with no fixed end date, often what a fixed term becomes once it expires. Either party can end it with the correct notice.

If you stay in the property after a fixed term ends without signing a new lease, your tenancy automatically becomes periodic on the same terms (including rent) until a new agreement is made.

Bond rules

• Maximum bond: 4 weeks rent. A landlord can't legally ask for more.
• Lodgement: The landlord or agent must lodge your bond with NSW Fair Trading via Rental Bonds Online within 10 working days. You should receive a receipt.
• Refund: If the property is in the same condition as on move-in (allowing for fair wear and tear), the full bond must be refunded. Disputes go to NCAT.

Take dated photos on move-in day and keep a copy of the condition report, that's your strongest evidence in any bond dispute.

Rent increases

NSW introduced stricter rules in 2023:

• Minimum 12 months between any two rent increases (both fixed-term and periodic)
• Minimum 60 days written notice before any increase
• Rent can't be increased during a fixed-term lease unless the increase is specified in the agreement

If you believe a rent increase is excessive, you can apply to NCAT for review. NCAT considers comparable rents in the area. NSW doesn't cap the amount of an increase, only the frequency and notice.

Repairs and maintenance

Landlords are legally required to keep the rental in a reasonable state of repair.

Urgent repairs

Must be addressed as soon as possible. Under the Act, urgent repairs include:

• Burst water service or serious water leak
• Blocked or broken toilet (where no other is available)
• Serious roof leak
• Gas leak
• Dangerous electrical fault
• Flooding or serious flood damage
• Serious storm or fire damage
• Failure of gas, electricity, or water supply
• Failure of cooling/heating in extreme weather
• Fault in lift or staircase

If the landlord can't be reached or fails to act, tenants may arrange urgent repairs themselves up to $1,000 and claim reimbursement. Keep all receipts.

Non-urgent repairs

For non-urgent repairs (a dripping tap, broken dishwasher), the landlord has 14 days to respond after receiving written notice. Always request repairs in writing (email is fine) so you have a record. If the landlord doesn't act within 14 days, apply to NCAT for a repair order.

Landlord entry rights

• General entry: At least 24 hours written notice
• Routine inspections: At least 7 days written notice; no more than 4 inspections per year
• Emergency: No notice required (suspected gas leak, flood, etc.)

Entry must occur between 8am and 8pm, not on a Sunday or public holiday unless agreed by both parties. Entry without proper notice is a breach of the Act, document it and raise it with NSW Fair Trading or NCAT.

Ending a tenancy

Notice periods depend on the lease type and who's giving notice.

Breaking a fixed-term lease early generally requires a break fee calculated based on how far into the lease you are. Exemptions: domestic violence and the property becoming uninhabitable.

No-grounds evictions in NSW

Unlike Victoria, which abolished no-grounds evictions in 2021, NSW still permits no-grounds evictions on periodic tenancies. The landlord must give 90 days notice.

For fixed-term tenancies, the landlord can't end the tenancy without grounds during the fixed term (they can't evict mid-lease just to raise the rent).

NSW tenant advocates have long campaigned to end no-grounds evictions. As of April 2026, the provisions remain in place but are subject to change. Check the Tenants' Union NSW website for updates.

Domestic violence protections

NSW has specific protections for tenants experiencing domestic violence:

• A tenant can end a fixed-term lease immediately and without penalty with evidence such as a domestic violence order, police report, or statutory declaration.
• A co-tenant who is the perpetrator can be removed from the lease to protect the victim.
• Victims aren't liable for break fees or compensation related to early termination.

If you're in immediate danger, call 000. For support: 1800RESPECT (1800 737 732) or DVConnect on 1800 811 811.

Resolving disputes, NCAT

The NSW Civil and Administrative Tribunal handles tenancy disputes:

• Bond disputes
• Rent increases
• Repair orders
• Unlawful entry
• Termination disputes

NCAT applications are generally low-cost and accessible. Before applying, you can also try NSW Fair Trading's free dispute resolution service, which mediates between parties without the formality of a tribunal hearing. Lodge applications at ncat.nsw.gov.au.

Resources and contacts

• NSW Fair Trading, official tenancy regulator: fairtrading.nsw.gov.au
• Tenants' Union NSW, free advice and advocacy: tenants.org.au
• Rental Bonds Online, check and manage your bond: fairtrading.nsw.gov.au/bonds
• NCAT, lodge a dispute: ncat.nsw.gov.au