Reference · Bond
How much bond you can take, and the deadline that decides your money back.
Bond is the single most common source of conflict between Victorian landlords and tenants, and it is almost entirely a process problem. Most of it is avoidable.
General information, not legal advice
These summaries are for orientation only. Bond caps and claim deadlines come from the Residential Tenancies Act 1997 and can change, so verify anything you rely on against the current Act, or seek legal advice. A bond dispute is decided on evidence, and a missed deadline can cost you the bond outright.
How much you can legally take
No written agreement
The maximum bond is 4 weeks' rent, and only if the rent is $570 or less per week. Above that, without a written agreement the maximum is the amount equal to the rent.
Fixed term of 5 years or more
The maximum is 6 weeks' rent.
Any other fixed-term agreement is capped at 4 weeks' rent. Taking more than the cap makes the excess amount refundable by the tenant at any time, and it is not a penalty the landlord can keep.
The one deadline that catches people out
Lodge within 30 days or you may lose the bond
A landlord must apply to the Residential Bond Investment Scheme for the return of the bond within 30 days of the tenant vacating and of the final inspection being completed — whichever is later. Miss that window and you can only claim the security deposit part. This is why the final inspection date is the one to record precisely.
Lodging the bond
The bond is lodged with the RBS, not held in your own account and not simply left with the tenant. Lend the tenant a receipt for the amount paid — that receipt is their proof the money is lodged, and withholding it is a separate and common failure. The RBS pays out to whoever the Tribunal or the parties direct, so the claim process, not the money's location, is what resolves a dispute.
Making a claim defensible
A bond claim succeeds or fails on evidence, and the evidence is nearly always built at the start of the tenancy rather than at the end. Before any claim is worth making:
- The condition report was completed within five days of possession being given, and both parties have a signed copy.
- Every subsequent change is recorded with dated photographs and a written note of when notice was given and when work was carried out.
- Notices were served correctly, with proof, on the right end date.
- The final inspection happened and was photographed at the moment the tenant vacated, not "sometime after".
- The claim itemises each amount against a specific item in the original condition report. Unitemised deductions are the ones that get refused.
Vacating clean
A tenant who vacates with the property in the condition it was provided, minus fair wear and tear, has usually done nothing wrong. Fair wear and tear is not damage and cannot be deducted — that distinction is where a surprising number of claims fail.
Where the toolkit helps
The toolkit includes the bond lodgement checklist, a RBS claim pack structured so each deduction maps to a condition report line, a photographic evidence protocol, and a final-inspection checklist that produces the dated evidence the 30-day claim actually depends on.