Illegal and unfair lease clauses in Australia (state by state)

Can my lease make me pay more than the legal bond?

No. Every Australian state and territory caps the rental bond, and a clause demanding more — or a second, top-up bond — is not enforceable:

• New South Wales: No more than 4 weeks rent, regardless of rent amount; only one bond per tenancy — no extra or second bond (e.g. on a rent increase)
• Victoria: 1 month rent (if weekly rent is $900 or less); higher only if weekly rent exceeds $900 or VCAT sets it. Rooming houses: 28 days (fixed) / 14 days (non-fixed). Pet bonds prohibited
• Queensland: 4 weeks rent for all general tenancies (moveable dwellings: 2 weeks, or 3 if electricity is provided). Any security-style payment (pet bond, linen deposit etc.) counts as bond and sits inside the cap
• Western Australia: 4 weeks rent (the cap does not apply if rent exceeds $1,200/week); plus a pet bond of up to $350 where a pet is kept
• South Australia: 4 weeks rent (weekly rent of $800 or less) or 6 weeks (weekly rent over $800); rooming houses: 2 weeks
• Tasmania: Not more than 4 weeks rent; cannot be increased during the tenancy
• Australian Capital Territory: 4 weeks rent; only one bond per tenancy — no extra bond money for any reason (no pet bond)
• Northern Territory: 4 weeks rent — capped at 4 weeks total, so no separate pet bond

Not sure about a clause in your lease? Run a free lease check.

Are pet bonds and pet rent legal in my lease?

Almost everywhere in Australia, a separate pet bond is prohibited — Western Australia is the only exception:

• New South Wales: Pet bonds and pet rent are prohibited
• Victoria: Pet bonds are prohibited in Victoria
• Queensland: No extra pet bond allowed — any security-style payment counts as bond and sits inside the 4-week cap
• Western Australia: Pet bond allowed: up to $350 (residential tenancies), covering fumigation and pet-related damage; $250 for residential parks. Not chargeable for assistance dogs
• South Australia: A separate pet bond cannot be charged
• Tasmania: No pet bond permitted — only bond, rent in advance and a holding fee may be charged
• Australian Capital Territory: No additional pet bond allowed — no extra bond money for any reason (RTA s 21)
• Northern Territory: No separate pet bond — the bond is capped at 4 weeks rent total

Not sure about a clause in your lease? Run a free lease check.

Can a landlord charge application, lease-preparation or letting fees?

Most states strictly limit what can be charged at the start of (and during) a tenancy. If your lease adds charges beyond these rules, that clause is suspect:

• New South Wales: Since 31 Oct 2024, applicants/tenants cannot be charged for background checks, lease preparation, showings, or initial keys. Holding fee: max 1 week rent, only after approval; counts toward rent; property held 7 days. Since 19 May 2025 landlords must offer a fee-free way to pay rent (bank transfer); Centrepay option required from 2 Mar 2026. Pet bonds and pet rent are prohibited
• Victoria: No pet bond; maximum 1 month rent in advance (unless rent exceeds $900/week); properties must meet minimum standards at the point of advertising (from 25 Nov 2025)
• Queensland: Rent in advance capped: 2 weeks (periodic) / 1 month (fixed term); owners cannot solicit or accept more even if offered (from 6 June 2024). From 30 Sep 2024 tenants must be offered at least two ways to pay rent incl. one that costs no more than usual bank fees; from 1 May 2025 owners must disclose in writing any financial benefit from a payment method
• Western Australia: Tenant-paid letting fees abolished (agents may only charge owners). Refundable application "option fee": max $50 (rent up to $500/week), $100 ($500–$1,200/week), $1,200 (rent over $1,200/week, south of the 26th parallel); credited to first rent if successful, refunded within 7 days if refused
• South Australia: Only permitted upfront payments: up to 2 weeks rent in advance plus the bond; no other upfront charges. A separate pet bond cannot be charged
• Tasmania: Only permitted: bond (max 4 weeks), rent in advance for the first payment period (usually 2 weeks), and a holding fee (if holding a vacant property more than 7 days). No application or letting fees; tenants cannot be charged for rent payment or collection. No pet bond permitted (only bond, rent in advance and a holding fee may be charged)
• Australian Capital Territory: Holding deposits banned — void and recoverable as a debt (RTA s 18); rent in advance limited to 2 weeks; no extra bond money for any reason
• Northern Territory: The landlord must not require or accept any payment other than rent, the security deposit, or amounts expressly permitted by the Act (s 24); no charge for preparing, extending or renewing the agreement; no guarantees or sureties. Bond capped at 4 weeks total, so no separate pet bond

Not sure about a clause in your lease? Run a free lease check.

Is a lease break-fee clause legal, and how much can it be?

It depends on your state — and this is where imported or outdated lease templates most often overreach. NSW, Queensland, South Australia and the ACT cap break fees with formulas; Victoria, WA and Tasmania limit the landlord to reasonable, evidenced costs; and in the Northern Territory break fees are banned outright for tenancies starting from 2 January 2024. A clause charging more than your state allows is not enforceable.

See the full rules and fee estimators in the state guides: NSW · VIC · QLD · WA · SA · TAS · ACT · NT

Not sure about a clause in your lease? Run a free lease check.

Is a "no guests" or "no visitors" clause enforceable?

Tenancy law in each state sets minimum rights that a lease cannot sign away — and if a clause conflicts with your state's Act, the Act wins. Blanket bans on visitors are a common example of an added term that sits uneasily with those minimum rights. Whether a specific guest clause is enforceable depends on your state and how the clause is written, so it's worth checking before you sign rather than after a dispute starts.

Not sure about a clause in your lease? Run a free lease check.

Can the lease let the landlord enter whenever they want?

No — entry rules are set by law and a clause can't expand them. Where the knowledge base has verified entry rules, they look like this:

• New South Wales: Routine inspections: Maximum 4 routine inspections per year. Notice: At least 7 days written notice. Times: Between 7am and 8pm, not on public holidays or Sundays unless agreed
• Victoria: Routine inspections: Maximum 2 routine inspections in first 12 months, then 1 per year. Notice: At least 7 days written notice for routine inspections. 24 hours for specific purposes. Times: Between 8am and 6pm, not on public holidays or weekends unless agreed
• Queensland: Routine inspections: Maximum 4 per year (every 3 months). Notice: At least 7 days written notice for routine inspections. 48 hours for entry for a specific purpose (raised from 24 hours on 1 May 2025). Times: Between 8am and 6pm, not on weekends or public holidays unless agreed
• Western Australia: Routine inspections: Maximum 4 inspections per year (every 3 months). Notice: At least 7 days written notice for routine inspections. 48 hours for rent inspections (photographs). 24 hours for entry with specific purpose.. Times: Between 7am and 9pm, not on public holidays or Sundays unless agreed
• South Australia: Routine inspections: Maximum 4 routine inspections per year. Notice: At least 7 days written notice (at least 24 hours for specific purposes). Times: Between 8am and 8pm, not on Sundays or public holidays unless agreed
• Australian Capital Territory: Routine inspections: Maximum 4 routine inspections per year. Notice: At least 7 days written notice (24 hours for showing to buyers/valuers). Times: Between 8am and 6pm, not on Sundays or public holidays unless agreed

Not sure about a clause in your lease? Run a free lease check.

Can a clause say the landlord can keep my bond or change the locks?

No. The bond isn't the landlord's money to keep — in every state except the NT it must be lodged with a government bond authority, and deductions can be disputed at your state's tribunal. And a landlord cannot lock a tenant out or change the locks without a court or tribunal order, whatever the lease says. Clauses claiming otherwise don't create those powers.

Not sure about a clause in your lease? Run a free lease check.

What should I do if my lease has an illegal clause?

You usually don't need to walk away from the whole lease. A term that conflicts with your state's tenancy law generally can't be enforced against you, even if you signed it. Sensible steps: keep a full copy of the lease, raise the clause with the landlord or agent in writing, and check with your state's tenancy authority (table below) before paying anything the clause demands. If it turns into a dispute, your state's tribunal decides — not the lease.

Not sure about a clause in your lease? Run a free lease check.

Who do I contact in my state?

More guides: renting in Australia as an international student · check my lease