The tenant’s bond money can be released after the end of their tenancy. A landlord must show the tenant proof, such as a receipt, for any claims they make against the bond.
This information is applicable to:
- residential tenancies
- long stay tenants in residential parks.
Boarders and lodgers bonds are managed by the landlord, so the following information does not apply.
On this page:
- Before you apply to get the bond back
- Claims against a bond
- Starting the bond release
- Dispute or no response
- When a tenant has passed away
- When your bond hasn’t been lodged
- Need help?
Before you apply to get the bond back – advice for tenants
The easiest way to get a bond released is if everyone agrees. It is best for you and the landlord to negotiate a fair deduction for any claims before lodging the release.
Once the tenancy agreement has ended, you can do a few things to help get your bond money back.
- ensure the rent is paid up to and including end of the agreement or notice period if ending the tenancy early
- remove all furniture and personal items
- repair any damage more than ‘fair wear and tear’
- clean the rental property to match the original condition when you moved in
- return all keys and other items the landlord gave you for the property when you moved in e.g. garage door device
- allow time for a final inspection and any quotes for repairs
- negotiate a fair amount with the landlord for any claims they have.
Follow our detailed checklist on moving out of a rental.
Final inspections
You need to allow the landlord time to organise a final inspection. You have the right to be at the home during the inspection.
Take a copy of the property condition report (PCR) from the start of the tenancy. Compare the PCRs from the start and end of the tenancy to figure out if something is fair wear and tear or damage.
Once the final inspection has been completed, you should receive a copy of the Property Condition Report (PCR). You will need to allow enough time to get quotes for any repairs and gather information.
Claims against a bond
Landlords must clearly list claims under the set categories on the release application.
Reasons for claiming bond money
Landlords can claim bond money for:
- repairing damage caused by the tenant(s) or their pet(s)
- garden repair and maintenance
- carpet cleaning that is undertaken to remove stains and other marks
- general cleaning of the property, not including carpet cleaning
- pet fumigation
- replacing keys or security devices not returned
- unpaid rent the tenant owes
- outstanding utility bills
- any other financial loss caused by a breach of the tenancy agreement
Landlords cannot claim for fair wear and tear.
Claiming part or all of the bond
Landlords must make sure the following is correct when completing a bond release:
- the amounts for each claim category must add up to the total claim amount
- the total claim amount is not more than the bond.
Claiming more than the bond
Bonds Administration cannot process your application if:
- the total of the claim categories is more than the total claim
- the total claim is more than the bond amount.
Landlords may need to:
- adjust the bond claims to be within the bond amount and submit it again or
- apply to the Magistrates Court if they want to claim more than the bond amount.
Only the court can order the tenant to pay an amount more than the bond.
Examples
Tenant’s bond: $2,000
Landlord loss at end of tenancy: $2,800 from $1,800 for repairing damage and $1,000 unpaid rent.
The total landlord’s claim is $800 more than the bond, so the landlord can:
- apply to the Magistrates court to claim the full $2800. The court can order the tenant to pay the additional $800.
- claim only the $2000 bond with the Bond Administration. The claim amounts must add up to $2,000 or less, for example $1200 repairing damage and $800 unpaid rent, totally $2,000.
Starting the bond release
Anyone on the bond can start the process to release the bond.
Agents
Agents must use BondsOnline to submit a release. Written explanation is required if you can’t use it for a particular bond.
Private landlords
Private landlords can use BondsOnline or the paper-based application form.
You will need to set up an account with MyAccount to use BondsOnline. See register for BondsOnline for step-by-step instructions to set up your MyAccount.
Tenants
Tenants can use the paper-based application form.
Bonds paper-based forms
- Bonds release e-form complete some details and create a PDF online to print and sign.
- Download a blank release form PDF to fill out offline.
Details on how to submit your paper bonds form is available on the Bonds manual form page.
Notice of release application
Anyone who hasn’t signed the release application will be notified (by email or letter) when a release application is made.
Everyone listed on the bond should:
- check the details, and
- respond by the required date stated on the notice.
The bond can be paid out when everyone agrees to the release and claims made against the bond.
Dispute or no response
Residential tenancies
The release application will be referred to Commissioner determinations if it is:
- disputed or
- not everyone responds within the set timeframe.
Everyone is notified, and the bond is held until a decision is made and:
- the appeal period ends or
- a court order is issued.
For more information about the process, please visit Bond disputes.
Residential parks long-stay tenancy
The process stops when someone disputes the bond release, or not everyone responds in time. Everyone involved will be told this has happened.
A park operator or tenant can apply to the State Administrative Tribunal (SAT) for a decision on how the bond will be paid out.
For more information about the SAT process, visit the SAT page - Residential parks, caravan parks and camping grounds.
When a tenant has passed away
When a tenant named on a bond has passed away, their share of the bond becomes part of their estate. This means it does not automatically go to their family members or other tenants.
- To release their share of the bond, the person signing the bond release form must show they are authorised to act for the estate.
- If you don’t tell us the tenant has passed away, or you don’t send proof of authority, we will send a Notice of Security Bond Release Application to all other parties who have not made the application. This means that the notice may be sent to contact details we have for the tenant who passed away.
There is a person authorised to act for the estate
The person authorised to act for the estate (for example, an executor or administrator) must provide:
- a copy of the death certificate
- evidence they are authorised to act for the estate (for example a copy of the will naming the executor, a Grant of Probate, or Letters of Administration)
- their signature on the bond release form
- a copy of their signed identification (for example, driver’s licence or passport)
There is no person authorised to act for the estate
- If there is no person authorised to act for the estate, we cannot release the bond straight away
- Under the Residential Tenancies Regulations, a bond may be treated as unclaimed if it has not been released or applied for within 6 months after the tenancy ends
- This gives time for estate matters to be settled and for the authorised person to come forward
- After this time, the next of kin, or the person who paid the funeral expenses can be paid the tenant’s unclaimed portion of the bond
Evidence required
You will usually need to provide:
- a copy of the death certificate
- either:
- a copy of the funeral receipt (showing who paid), or
- proof of next of kin (as listed on the death certificate)
- the signature of the next of kin or the person who paid for the funeral on the bond release form
- a copy of their signed identification (for example, driver’s licence or passport)
Additional requirements
- If a next of kin signs the bond release form, all next of kin aged 18 years or over listed on the death certificate must also sign and provide signed ID.
Not enough evidence
- We cannot release the bond unless we have enough proof that the person signing can act for the estate.
- If there is not enough evidence, we will refer the application to the Commissioner for Consumer Protection to decide how the bond should be released.
When your bond hasn’t been lodged
You can’t start the release if your bond hasn’t been lodged.
Make a complaint to us if your bond has not been lodged. Your landlord will be contacted to lodge the bond and start the release process. This can take some time to resolve.
Contact us on 1300 30 40 54 or email to check if your bond has been lodged.
Need help?
Please contact us 1300 30 40 54 for advice if you need any help with releasing a bond.
You can also seek legal advice on tenancy issues from Circle Green.