If a landlord has kept the bond in a manner inconsistent with state or territory legislation and is refusing to return the bond money, they could face penalties, fines and legal action. Potentially state dispute resolution services might be able to assist. If a tenant finds themselves in a serious dispute, they should inform police and/or seek legal advice.
State or Territory Requirements
Penalty units will be charged for not lodging the bond to the Secretary during the deposit period together with a notice.
Penalty units will be charged for not lodging the bond to the RTA within 10 days.
The landlord can be fined up to 60 penalty units.
It is a strict liability offence. A person can be fined 20 penalty units.
The landlord can be charged a monetary penalty and expiation fee.
The person who receives the security bond can be fined up to $20,000.
The person paying the security deposit (tenant or deposit contributor) can be fined not exceeding 50 penalty units.
If the property agent does not deposit the security deposit with the Authority within 3 working days after receiving it, they can face a penalty of a fine not exceeding 50 penalty units.
The landlord holds the bond money on trust for the tenant. They only need to transfer this money to a real estate agent if they are leaving the territory for more than 14 days. If they fail to do this they can be fined 20 penalty units.
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These legal guides provide a brief summary and introduction of the laws and regulations affecting renting. They do not cover all cases and might not apply to your specific rental property situation. It is important that you use this information as a guide only and seek independent Legal Advice or consult the Relevant Legislation. Snug does not accept any liability that may arise from the use of this information.