New South Wales Tenant Rights: Eviction, Bonds and Rent Rules

New South Wales abolished no-grounds eviction on 19 May 2025. A landlord must now rely on a specific ground under the Residential Tenancies Act 2010 (NSW) and, if disputed, prove it before the NSW Civil and Administrative Tribunal.

Information last verified on 19 July 2026. This page presents general legal information, not legal advice.

Jurisdiction scope: This page covers residential tenancies in New South Wales only, under the Residential Tenancies Act 2010 (NSW), verified 19 July 2026. It does not cover other Australian states or territories, which run different eviction, bond and rent rules; see the linked state pages below. This is general legal information, not advice on your own tenancy.

Governing law and the NCAT process

Residential tenancies in New South Wales are governed primarily by the Residential Tenancies Act 2010 (NSW). It sets out the rights and duties of landlords and tenants for most residential leases, from bond handling to termination. Disputes about a tenancy, including a landlord’s application to end one, go to the NSW Civil and Administrative Tribunal (NCAT), not the local court. NCAT hears both the landlord’s termination application and any tenant response, and only NCAT can make a termination order that leads to a possession order enforced by the Sheriff. A notice from a landlord does not, on its own, end a tenancy or require a tenant to leave; it is the trigger for a possible NCAT application if the tenant does not agree to go. NSW Fair Trading administers bond handling and publishes current guidance for both parties.

Can a landlord evict a tenant without a reason in New South Wales?

No. New South Wales abolished no-grounds eviction on 19 May 2025. Before that date, a landlord could end a periodic tenancy, or decline to renew a fixed term, without stating any reason. Section 84 of the Act was substituted so that a landlord now needs one of the specific termination grounds set out in sections 87C to 87N. A further change moved section 96, the provision dealing with the end of a fixed-term agreement, so it now sits only under a tenant’s own right to end the tenancy. In practice, the simple expiry of a lease no longer gives a landlord, by itself, a basis to require a tenant to leave; the landlord must point to one of the listed grounds instead, and prove it at NCAT if the tenant disputes it.

Landlord grounds and notice periods

The grounds a landlord can rely on since the 2025 reform include the landlord or a family member moving in, sale of the property with vacant possession, and significant renovation, demolition or repair, alongside longstanding grounds such as rent arrears and breach of the agreement. Each ground carries its own notice period, and some carry their own evidentiary requirements. Because the applicable period depends on which ground is cited, a tenant who receives a termination notice should check the specific ground stated on it and confirm the notice period that applies with NCAT or NSW Fair Trading, rather than assume a single standard period applies across every ground.

Bonds: amount, lodgement and Smart Rental Bonds

A landlord in New South Wales cannot charge more than four weeks’ rent as bond, and unlike some other states there is no higher cap for expensive properties. The bond must be lodged with the Secretary, in practice through Rental Bonds Online, within 10 business days of receipt under sections 159 and 162 of the Act. A renter moving between two NSW rentals can transfer the bond through Smart Rental Bonds, a scheme set up by Part 3B of the Residential Tenancies Regulation 2019 under section 186A of the Act. The Regulation commenced 1 July 2026, the scheme opened in the Parramatta, Central Coast and Penrith council areas in August 2026, and the NSW Government announced on 16 September 2026 that it is now available in all areas of NSW. The principal tenant applies through Rental Bonds Online and pays a $25 fee plus any shortfall if the new bond is higher; the same tenants must be moving together, the old tenancy must end within 4 weeks of the application, and no claim can already have been made on the old bond. If the government pays the old landlord a claim on the old bond, the renter must repay it. A renter who does not use the scheme pays a fresh bond on the new tenancy while the previous one is processed for refund. Getting the bond back works on a notify-and-wait model: a joint claim through Rental Bonds Online pays out automatically, but a claim made without the other party’s consent triggers a notice that pays out unless that party notifies within 14 days that the claim is the subject of NCAT or court proceedings (s164(5), s167(d)), and a landlord claiming alone must give the tenant the condition report and supporting invoices or quotes within 7 days (s165). A disputed claim goes to NCAT, and an NCAT application about the bond can be made up to 6 months after the bond is paid out (Residential Tenancies Regulation 2019 cl 39(8)), though only a 14-day notice of proceedings stops the payout itself. See rental bond refunds and disputes in Australia for how this compares with the other seven jurisdictions.

Rent increases and rent bidding

Rent can be increased only once every 12 months under section 41(1A), and not within the first 12 months of a new tenancy, on at least 60 days’ written notice. A tenant who believes an increase is excessive can apply to NCAT to have it reviewed. Separately, soliciting an offer of rent above the advertised price has been banned since 3 August 2023 under section 22A of the Act, part of a nationwide move against rent bidding covered in the comparison below.

Minimum standards

Section 52(1A) and (1B) of the Act set the minimum standards a rental property must meet in New South Wales: the premises must be structurally sound, weatherproof and free of significant damp, with adequate natural or artificial light and ventilation, working plumbing and drainage, a kitchen with cooking facilities, bathroom facilities that give the tenant privacy, hot and cold running water, and functioning locks. These are baseline requirements a landlord must meet at the start of, and throughout, a tenancy, separate from any repair obligations that arise during the lease.

Key figures at a glance

How New South Wales compares to the rest of Australia

New South Wales was one of the later states to abolish no-grounds eviction, following the Australian Capital Territory (1 April 2023) and South Australia (1 July 2024), and preceding Victoria’s abolition for fixed terms (25 November 2025). It shares that position with most of the country; Western Australia and the Northern Territory are the two jurisdictions that still allow a landlord to end a tenancy without a reason, on 60 days’ notice in each case. See the no-grounds eviction ban across Australia for the full jurisdiction map, and rental bonds in Australia for how NSW’s flat four-week cap compares with other states. For the two retained no-grounds jurisdictions, see Western Australia tenant rights and Northern Territory tenant rights; for Victoria’s live portable bond scheme, see Victoria tenant rights. For the complete national picture, see the Australia tenant rights hub.

This page is general legal information about residential tenancies in New South Wales, verified on 19 July 2026. It is not legal advice, and it does not cover every situation. For advice about your own tenancy, consult a legal practitioner admitted in the relevant Australian state or territory, or contact the Tenants’ Union of NSW.

Frequently Asked Questions

Can my landlord evict me without a reason in New South Wales?

No. Since 19 May 2025, a landlord in New South Wales must rely on a specific ground listed in sections 87C to 87N of the Residential Tenancies Act 2010 (NSW). The expiry of a fixed term is no longer, on its own, a ground for the landlord to end the tenancy.

How much bond can a landlord charge in New South Wales?

A maximum of four weeks' rent, with no exception for higher-rent properties. The bond must be lodged with the Secretary through Rental Bonds Online within 10 business days.

How often can rent go up in New South Wales?

Once every 12 months at most, and not within the first 12 months of a new tenancy, on at least 60 days' written notice under section 41(1A).

Is rent bidding legal in New South Wales?

No. A landlord or agent cannot solicit an offer of rent above the advertised price. This has been banned since 3 August 2023 under section 22A of the Act.

Which body decides tenancy disputes in New South Wales?

The NSW Civil and Administrative Tribunal, known as NCAT, decides tenancy disputes including eviction applications, not a court.

Can I transfer my bond to a new rental in New South Wales?

Yes, through Smart Rental Bonds, if you meet the rules. The NSW Government announced on 16 September 2026 that the scheme is available in all areas of NSW. You apply in Rental Bonds Online, pay a $25 fee plus any extra if the new bond is higher, and the same tenants must be moving together, with the old tenancy ending within 4 weeks and no claim already made on the old bond. If the government pays your old landlord a claim on the old bond, you must repay it.

What minimum condition must a rental property meet in New South Wales?

Under section 52(1A) and (1B) it must be structurally sound, weatherproof, adequately lit and ventilated, with working plumbing, hot and cold water, cooking facilities, private bathroom facilities and functioning locks.