Under s 24 of the Residential Tenancies Act 2010 (NSW), a landlord may only require or receive from a tenant before, or when the tenant enters into an RTA, the following payments:
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holding fee;
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rent; and
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a rental bond.
This section discusses the items above, the procedure for dealing with the money once it is received and the other costs and charges a landlord may require a tenant to pay for under an RTA.
The above does not apply to Victoria in relation to when a landlord can receive rent from the tenant. Under s 40 of the Residential Tenancies Act 1997 (Vic), a landlord may not receive more than 1 month's rent in advance.
In Queensland, pursuant to s 59 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), a landlord may only require the following payments from a prospective tenant for an RTA:
In Western Australia, under s 27 of the Residential Tenancies Act 1987 (WA), a landlord may only require the following payments from a tenant or prospective tenant:
Before or during the first 2 weeks of an RTA, a landlord must not require a tenant to pay more than 2 weeks' rent in advance. After that, a tenant may be required to pay rent in advance: s 28(1) . However a landlord must not require a tenant to pay rent (except the first rental payment) until the tenancy period for which any previous rental payment has been made has elapsed: s 28(2) .
In South Australia, under ss 53 and 54 of the Residential Tenancies Act 1995 (SA), the landlord is only permitted to require or receive from the tenant rent and a security bond. The amount of rent required to be paid in advance may not exceed 2 weeks before the end of the first 2 weeks of the tenancy. Under s 61 of the Act, the permitted amount of a security bond depends on the amount of the rent and may be between 4 and 6 weeks rent. Option fees may be payable in some circumstances but, if the agreement is subsequently entered into, must be applied towards the rent.
In Tasmania, under s 17 of the Residential Tenancy Act 1997 (Tas), a landlord may only require or receive from a tenant before, or when the tenant enters into an RTA, the following payments:
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holding fee;
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rent; and
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a rental bond.
Division 2 of the Act discusses the items above, the procedure for dealing with the money once it is received and the other costs and charges a landlord may require a tenant to pay for under an RTA.
In the Northern Territory, s 24 of the Residential Tenancies Act (NT) states that a landlord is prohibited from requiring, or receiving from a tenant, a payment, other than rent or a security deposit (or both), for a tenancy, an option to enter into an agreement or the renewal or extension of a tenancy. Likewise, a landlord cannot charge a tenant for the preparation of a tenancy agreement: s 23 . Pursuant to s 39 of the Residential Tenancies Act (NT), also note that a landlord must not require from a tenant payment of more than 1 rental payment period in advance.
In the ACT, a landlord may only require the following payments from a prospective tenant for a residential tenancy agreement:
See Types of payment a landlord can request from a tenant.
See Holding fee.
See Outgoings.
See Rent increases and rent reductions.