Bonds

You should only pay the bond after:

• You’ve signed the lease (officially called a rental agreement)
• Your landlord (officially called the rental provider) or their agent has given you their completed and signed condition report

If you pay any money before these things happen, put in writing that it’s a ‘holding deposit’, not a bond. This means the landlord or agent has to give it back to you on the next business day after you tell them you don’t want to rent the place, or after 14 days if you don’t sign the lease (whichever is sooner). If you sign the lease, the holding deposit is generally taken out of your first month’s rent.

In most cases, the landlord or their agent cannot ask you for both a bond and a ‘guarantee’. If they do, this page has information on where to get help.

When you pay the bond, your landlord (officially called the rental provider) or their agent must lodge it electronically with the Residential Tenancies Bond Authority (RTBA). The RTBA holds your money until you move out.

Steps for paying and lodging the bond:

1. You pay the landlord or their agent. Make sure you get a receipt, especially if you pay cash.
2. Within 10 business days, the landlord or agent completes the RTBA online bond-lodgement form.
3. The RTBA sends you an email (and a text if you gave a mobile number) with a link to review the bond lodgement details. If you don’t respond within 14 days, the lodgement is cancelled.
4. You review the details. If something is wrong, you can update it. If you update anything except your contact details, the changes are sent to the landlord or agent for review. You then get another email with a link to the updated bond lodgement details.
5. If all the details are correct, you accept the lodgement and get a transaction number.
6. The RTBA emails you a receipt. If you don’t get a receipt, contact the RTBA on 1300 137 164.

Find out more about the process at: Renter’s guide – RTBA Online.

If you pay a bond and the landlord or agent does not lodge it with the RTBA within 10 business days of receiving it, you can report them to Consumer Affairs Victoria. If you want to send them a letter first, Tenants Victoria has a template letter you can use to tell the landlord or agent that you will take further action if they do not follow the law and lodge your bond with the RTBA.

Download our template letter: Letter to landlord about lodging bond [Word 32 KB].

If you need assistance, this page has information on how to get help.

The condition report says what your place was like when you moved in. Your landlord (officially called the rental provider) or their agent must give the report to you before you move in, either as an electronic copy or 2 paper copies.

A detailed condition report with photos can help protect your bond if the landlord or agent says things have been damaged when you move out.

You have 5 business days from the move-in date on your lease (officially called a rental agreement) to check the property and return your signed report. Store your copy safely in case you need it when you move out.

You don’t have to agree with what the landlord or agent says in the condition report. If you don’t comment, it’s assumed you agree with what they say.

You can protect your bond by:

• Having a good look around the property and adding plenty of detail to the report
• Making notes in the report if you disagree with what the landlord or agent has written
• Taking lots of photos (both when you move in and when you move out)
• Sending photos to the landlord or agent if you think there are big differences between what they say in the report and what you say

This short video from the Redfern Legal Centre has tips on completing your condition report.

Find out more on our page about condition reports.

Some landlords (officially called rental providers) or their agents ask renters to pay a ‘pet bond’ if they have a pet. They may say that this is to cover costs if the pet damages the property.

There is nothing in the law requiring you to pay an extra ‘pet bond’ if you have a pet. The maximum bond amount of one month’s rent (if your rent is $900 a week or less) applies whether you have a pet or not.

If you pay a bond at the start of your tenancy, it covers any damage caused by your pet. Your landlord can apply to VCAT if they believe they are entitled to any of your bond when you move out. They cannot ask you for a second ‘pet bond’.

You can claim for your bond to be:

• Paid to you
• Paid to someone else, either partly or fully
• Divided between you and landlord (officially called the rental provider)
• Paid in full to the landlord

Consumer Affairs Victoria has a step-by-step guide for claiming a bond from the RTBA.

You can also update your contact details, such as your email address, on the RTBA online form.

When you make a claim:

1. The RTBA lets the landlord or their agent know, as well as anyone else on your lease (officially called a rental agreement) not included in your claim. If someone wants to stop the bond being paid out, they need to apply to VCAT.
2. If, after 14 days, no-one has told the RTBA they have applied to VCAT, or everyone has said they are fine for it to be paid out, the RTBA pays out your bond.

If you and your landlord (officially called the rental provider) agree about how the bond should be repaid, you can put in a joint claim. You can do this at any time, even before your tenancy ends. But if the landlord is getting any of your bond as part of the claim, it cannot be made earlier than 14 days before the end of your tenancy.

It’s against the law for the landlord or their agent to ask you to sign a bond claim form that doesn’t say how the bond is to be repaid.

The only claim the landlord (officially called the rental provider) or their agent can make to the RTBA without you is one that says all of the bond is to be paid to you. They can make this sort of claim at any time, even before your tenancy ends. If the landlord wants any of your bond, and you don’t agree with them, they will need to apply to VCAT.

The landlord (officially called the rental provider) or their agent cannot make a direct claim to the RTBA if the landlord wants any of your bond. They can only get your bond if:

• You agree, through your own bond claim or a joint claim, or
• They apply to VCAT and VCAT agrees they should get the money

They must apply to VCAT within 14 days of your tenancy ending. However, if they apply after 14 days, they can ask VCAT at the hearing to allow the delay. You can ask VCAT at the hearing to not accept the reasons for the delay and to dismiss the application.

What a landlord can claim for

A landlord can apply to VCAT for part, or all, of your bond for things like:

• Cleaning, if you haven’t left the place reasonably clean. But they cannot expect you to leave it cleaner than when you moved in
• Repairs, if you or your visitors have caused any damage. This doesn’t include everyday wear and tear
• Rent or other costs that are your responsibility
• Replacing locks if you changed or installed any without asking them
• Removing any other modifications to the property that you made without asking the landlord or agent, or that you did not remove when you moved out, after you had agreed to do so

Proving their claim

The landlord has to prove to VCAT that:

• They have suffered financial loss or property damage
• The loss or damage was caused by you breaching your lease (officially called a rental agreement) or Victoria’s rental laws, the Residential Tenancies Act 1997
• The amount they are claiming is reasonable

They must give you a copy of their application to VCAT before the hearing, including any evidence they have.

If the landlord (officially called the rental provider) or their agent applies to VCAT for your bond, go to the hearing if you can, especially if you don’t agree with what they say. People often get better results when they attend. If you do not attend, VCAT can still make a decision about your bond.

At the hearing, you can tell your side of the story and present your own evidence. For more on preparing for a hearing, see our page about disputing bond and compensation claims.

While you may feel stressed about the hearing, VCAT is less formal than a court and you can get help from Tenants Victoria and other organisations. If you need assistance getting your bond back, this page has information on how to get help.

You can also watch our step-by-step video on going to VCAT.

VCAT usually decides on the day of the hearing how the bond is to be paid.

If you are affected by family or personal violence and the landlord (officially called the rental provider) wants your bond for something caused by the perpetrator, such as damage or unpaid rent, VCAT can protect your bond.

You don’t necessarily need to have an intervention order for VCAT to do this.

Personal violence is violence committed by someone who is not a family member.

Find out more on our page about family violence.

Collect evidence to support your application. This may include:

• A copy of your RTBA bond receipt – you will need to attach this to your application. If you cannot find your receipt, call the RTBA on 1300 137 164 and ask them to send you a copy. You can also look up your bond and print a copy of the receipt on the RTBA website
• A copy of your lease (officially called a rental agreement)
• Any communication with the landlord (officially called the rental provider) or their agent about moving out, such as your letter or email giving notice that you’re leaving, or a notice to vacate from the landlord or agent
• Any other evidence supporting your application, such as photos taken at the start and end of your tenancy, entry and exit condition reports, receipts for cleaning, and statutory declarations from any witnesses

You can use VCAT’s general application form.

You can complete the form online or download a PDF and fill it in electronically or print it and complete it by hand. If you want a hard copy form posted to you, call VCAT on 1300 018 228.

When you get to the section ‘What orders do you want VCAT to make?’, write section 419A in the box. This is the section of the law that relates to bond applications.

Under ‘Provide more details about your claim’, include details about:

• Your tenancy – for example, the dates your lease (officially called a rental agreement) started and ended, and the date you moved out and returned the keys
• How you left the property – for example, that you left it reasonably clean and took care to avoid damage
• Anything else that may support your application

If you need more space for details, you can use separate pages and attach them to the application.

You should also attach your RTBA bond receipt and any other supporting documents and photos.

Make copies of your completed application form and supporting documents, so you have a set for:

• VCAT
• The landlord (officially called the rental provider) or their agent
• Yourself

You can copy, scan or take photos, but make sure everything is clear enough to read.

Keep your own copy safe as you will need it at the hearing.

If you don’t submit the application online (see step 2), you will need to give VCAT your application form and copies of the supporting documents.

You can do this in person, by email or by post. The addresses are on the form.

If you take your application to VCAT in person, write down the date, time and name of the person you handed it to.

If you send it by post, keep your receipt and tracking number.

You must also give a copy of your application and supporting documents to the landlord (officially called the rental provider) or their agent. In the law, this is called ‘service’. You need to give (serve) the copy to them within 7 days of giving it to VCAT, or immediately if your application is urgent.

At the hearing, VCAT may ask for proof that you have served the application to the landlord or agent.

You can serve the application and evidence by:

• Delivering it in person. Be sure to keep a note of the date, time and name of the person you handed it to
• Sending it by post. We recommend registered post so you can prove they received it. Keep your receipt and tracking number
• Emailing it, unless there is something in your lease (officially called a rental agreement) saying they will not accept emails. Check that your email has been received

VCAT will send you a ‘notice of hearing’, letting you know when and where the hearing will take place and what you need to bring.

If you don’t hear from VCAT after a few days, call them on 1300 018 228 to find out if they have set a hearing date.

You will need to bring your copy of the application form and supporting documents to the hearing. These may include the lease (officially called a rental agreement), condition reports, bond receipt and photos.

For more information and tips on defending your bond at VCAT, see our pages on:

• Disputing bond and compensation claims
• Dealing with VCAT

While you may feel stressed about the hearing, VCAT is less formal than a court and you can get help from Tenants Victoria and other organisations. If you need assistance getting your bond back, this page has information on how to get help.

If VCAT agrees that you should get your full bond back, it will make an order authorising the RTBA to release it. You can then give this order to the RTBA to get your money.

If VCAT decides someone else is entitled to all or part of your bond, it will order the RTBA to pay the amount to that person. Any remaining bond money will go back to you. You, and anyone getting a share of your bond, can use this order to claim the money from the RTBA.

When you apply to VCAT for your bond, you can apply for compensation at the same time, if there were problems during your tenancy that caused you loss or damage. You have 6 years to apply for compensation from the time the loss or damage happened, and there may be an application fee. Find out more on our page about claiming compensation.

If you are co-renting, make sure everyone who paid money towards the bond has their name and the amount they paid on the Residential Tenancies Bond Authority (RTBA) bond lodgement form.

If you are sub-renting, only the head renter’s name will be on the bond lodgement form, which means the bond will be in their name. If you pay your bond to them electronically, you will have a record. If you pay it in cash, make sure you get a receipt.

Find out more on this page about paying the bond when you move in.

It’s common in share houses for people to move in and out while the same tenancy continues.

If you want to change who’s on the lease (officially called a rental agreement), your landlord (officially called the rental provider) or their agent needs to agree in writing. If they don’t, you can apply to VCAT for permission. Changing a name on a lease is called a ‘transfer’ because you’re transferring the lease, or part of it, to someone else.

If you’re moving out, as well as getting your name taken off the lease, it’s important you get the bond updated to the new renter’s name, if someone else is moving in. They should pay the bond money directly to you in exchange for having your part of the bond transferred to them.

Find out more on our page about lease transfers and subletting.

Updating the names on the bond

If names are changed on the lease, they also need to be changed on the bond held by the Residential Tenancies Bond Authority (RTBA). You can do this by submitting a tenant transfer form to the RTBA. This should be done within 5 days of the change to the lease.

If your landlord or agent is registered with the RTBA to deal with bond transactions online, the tenant transfer form can be submitted electronically at RTBA Online.

Co-renters and head renters can make a claim to the Residential Tenancies Bond Authority (RTBA) to have the bond refunded at the end of a tenancy. Consumer Affairs Victoria has a step-by-step guide for claiming a bond from the RTBA.

If you make a claim to the RTBA that excludes any co-renters listed on the lease (officially called a rental agreement), the RTBA will let them know, including past co-renters if they’re still named on the bond.

If a co-renter has paid part of the bond but has not been included in a claim, they can make their own claim to the RTBA or apply to VCAT for a decision on paying out the bond.

Find out more on this page about:

• Getting the bond back when you move out
• Applying to VCAT if you think your bond will be disputed

We cannot advise in disputes about share houses because many situations aren’t covered by the Residential Tenancies Act 1997, and we cannot take sides between renters. The only exception is when a renter in a share house is experiencing family or personal violence. Find out more on our page about family violence.

One way of resolving disputes between renters is by mediation through the Dispute Settlement Centre of Victoria. However, all renters in the dispute need to agree to mediation.

For more on your legal rights when you share a house or flat, see our page about share houses.

If you are approved for a bond loan, DFFH will tell you when your loan is approved and email the bond loan voucher directly to the landlord (officially called the rental provider) or their agent. They will then use the voucher to lodge the bond with the Residential Tenancies Bond Authority (RTBA).

If the loan covers some of the bond money and you pay the rest, your landlord or agent must lodge the amounts as 2 separate bonds with the RTBA, even though they are for the same property. See more on this page about the steps for paying your part of the bond.

We recommend you do not inform the landlord or agent that you intend to use a bond loan until you have been accepted for the lease (officially called a rental agreement).

If your landlord (officially called the rental provider) doesn’t want any of the bond when you move out, you, the landlord or their agent can make a claim to the Residential Tenancies Bond Authority (RTBA) for the bond loan to go back to DFFH, and a second claim for any bond money you paid to be returned to you.

If the landlord wants part, or all, of the bond when you move out, and you agree with them, you can make a joint claim to the RTBA for the money to go from the bond loan or from an amount you paid, or both. If the landlord gets any of the bond loan money, you will need to repay that amount to DFFH. In some situations, DFFH may make an exemption and waive your debt. Or it may offer another bond loan, allowing you to pay your debt for the first bond loan at a later date. The HousingVic website has more on repaying a RentAssist bond loan.

If no claim is lodged with the RTBA, DFFH will not know the lease has ended and the loan will remain against your name.

If the landlord applies to VCAT for your bond money

If the landlord wants part, or all, of the bond when you move out, and you disagree, they must apply to VCAT. They must do this within 14 days of your lease (officially called a rental agreement) ending. However, if they apply after 14 days, they can ask VCAT at the hearing to allow the delay. You can ask VCAT at the hearing to not accept the reasons for the delay and to dismiss the application.

If VCAT agrees the landlord should get the money, you may still need to repay the bond loan to DFFH at some point in the future.

If you paid part of the bond, VCAT will generally deduct the money for the landlord from the part of the bond that you paid before deducting any money from the bond loan amount.

Find out more on this page about:

• Getting the bond back when you move out
• What to do if your bond is disputed

If you need support in dealing with bonds, help is available.

There are step-by-step guides, self-help tools and other resources to assist you with bonds.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and landlords in numbered sections.

The sections in this list relate to bonds in private rentals. Click on a link to see the section in the Act.

• Section 406 – Bond must be lodged by landlord
• Section 419A – Application to VCAT for bond
• Section 411 – Claims for rental bonds
• Section 411A – Notice of claim by RTBA
• Section 411AB – Rental providers claims
• Section 411AC – Bond refunds – no disputes
• Section 411AD – Disputed claims
• Section 411AE – Repayments to other persons
• Section 425 – Notice must be given to RTBA of tenant transfer

The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.

These other Acts and regulations also apply to bonds in private rentals:

• Victorian Civil and Administrative Tribunal Act 1998: Section 120 – Re-opening an order on substantive grounds
• Victorian Civil and Administrative Tribunal Rules 2018: Reg 8.07 – Documents required to be included with certain applications