Residential Tenancies Acts by state: NSW, Vic, Qld, WA and SA

Residential tenancy statutes and regulators

Each state and territory in Australia has legislation governing residential tenancies. In New South Wales, the Residential Tenancies Act 2010 (NSW) provides the framework. Victoria’s legislation is the Residential Tenancies Act 1997 (Vic). Queensland’s governing act is the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), while Western Australia has the Residential Tenancies Act 1987 (WA) and South Australia the Residential Tenancies Act 1995 (SA). ACL consumer guarantees apply where relevant.

Administration of these Acts varies by state. NSW Fair Trading oversees the NSW Act, with disputes resolved by the NSW Civil and Administrative Tribunal (NCAT). Consumer Affairs Victoria administers the Victorian Act, and matters are heard by the Victorian Civil and Administrative Tribunal (VCAT). The Residential Tenancies Authority administers the Queensland Act.

Consumer Protection (DMIRS) administers the Western Australian Act, and Consumer and Business Services administers the South Australian Act.

Victorian minimum standards and 2025 reforms

Section 65A of the Residential Tenancies Act 1997 (Vic) mandates that rental providers ensure premises meet prescribed rental minimum standards before a renter occupies the property. These standards include a fixed heater in the main living area, a working toilet, and lockable external doors. Rental providers are prohibited from advertising or offering premises unless they reasonably believe the premises comply with these minimum standards; failure to do so may result in penalties.

Non-compliance with minimum standards carries penalties of 60 penalty units for natural persons and 300 penalty units for body corporates. Rental providers must ensure they adhere to these requirements to avoid legal repercussions and potential ACL misleading and deceptive conduct (s18, s29).

Significant reforms are scheduled to take effect in November 2025. These reforms will strengthen obligations related to minimum standards, prescribed forms, longer notice periods, and rental bidding restrictions.

Bond limits and notice periods

The maximum bond amount payable varies by state. In New South Wales, the maximum bond is 4 weeks’ rent. Victoria generally limits the bond to 1 month's rent, although this can be increased by the Victorian Civil and Administrative Tribunal (VCAT) if the weekly rent exceeds a certain amount. Queensland caps the bond at 4 weeks’ rent, with adjustments for higher rental amounts. All eastern states require bonds to be lodged with a designated central authority. Unfair contract terms 2026 penalties

Bond limits are designed to protect tenants from excessive security deposits. The specific amount payable is linked to the rental amount, with higher rents potentially allowing for a larger bond, subject to state regulations and VCAT orders in Victoria.

Notice periods required for ending a periodic tenancy also differ. The required notice ranges from 14 days to 90 days, depending on the state and the reason for termination. Some states permit a longer notice period where no specific grounds for ending the tenancy exist.

Rent increases and no-grounds eviction

Rent increases are regulated across all states and territories. In each jurisdiction, a landlord can propose a rent increase only once every 12 months. Notice periods for proposed rent increases are typically 60 days in New South Wales and Victoria, or 2 months in Queensland and Western Australia. ACL consumer guarantees may also apply.

Recent legislative reforms have significantly altered termination practices in several states. New South Wales has abolished no-grounds termination of periodic agreements through the Residential Tenancies Amendment Act 2024 (NSW). Victoria has abolished no-fault evictions as part of reform packages introduced in 2021 and 2025.

Western Australia has also limited rent increases to once every 12 months following the Residential Tenancies Amendment Act 2024 (WA). Queensland’s legislation, s 93 of the Residential Tenancies and Rooming Accommodation Act 2008, similarly restricts rent increases to once per year.