Your bond is your money. Your landlord is holding it — but they don't own it. The law is clear about when they can keep it and when they can't. Here's what you need to know, and what to do if you think you're being treated unfairly.
- Your landlord can only keep your bond for damage beyond fair wear and tear, unpaid rent, or a property left unreasonably dirty.
- You can apply for your bond yourself through Residential Bonds Online — they then have 14 days to respond, and if they don't, it's released to you.
- If they do claim and you disagree, you can dispute it through SACAT — South Australia's tenancy tribunal.
- Fair wear and tear is not damage. Paint fading, carpet flattening from furniture, minor scuffs — these are all normal and not your financial responsibility.
What is a rental bond and who holds it?
When you move into a rental property in South Australia, your landlord or property manager can ask for a bond — a security deposit. Under the Residential Tenancies Act 1995 (SA) the maximum is 4 weeks' rent where the weekly rent is $800 or less, and 6 weeks' rent where it is above $800 (s.61(3)).
The bond must then be lodged with Consumer and Business Services (CBS) — within 2 weeks of receipt, or within 4 weeks where a registered agent is managing the property (s.62(2)). CBS holds the money independently until your tenancy ends. If you're not sure yours was ever lodged, you can ring CBS on 131 882 and ask.
When can a landlord legally keep your bond?
A bond is security for your obligations under the tenancy agreement — it isn't a fund the landlord can draw on at will. In practice that means three things:
- Damage beyond fair wear and tear — holes in walls, broken fixtures, stains, pet damage.
- Unpaid rent — any rent outstanding at the time you vacated.
- Cleaning costs — only if the property was left in genuinely worse condition than when you moved in.
Wear and tear — the most misunderstood part, and the law is on your side
This is where most bond arguments start, and it's worth knowing exactly what the Act says. Your obligation under s.69(3) is to give the premises back in reasonable condition and a reasonable state of cleanliness. Then s.69(4) does the heavy lifting for you:
"In deciding whether premises or other property is in reasonable condition, its condition when the tenant took possession of it, and the probable effect of reasonable wear and tear since that time, must be taken into account."
So the benchmark isn't perfection — it's the condition you received it in, minus the ordinary effect of living there. Note the Act says reasonable wear and tear; "fair wear and tear" is the everyday phrase for the same idea, but if you're writing to your landlord, s.69(4) is the provision to name
Not your responsibility
- Paint fading or minor marks from daily use
- Carpet worn flat from furniture
- Small scuffs on walls from normal use
- Faded curtains from sunlight
- Loose door handles or hinges
- Worn grouting in bathrooms
Could be your responsibility
- Holes in walls from picture hooks
- Carpet stains or burns
- Broken tiles, windows, or fixtures
- Pet damage to flooring or doors
- Missing or broken blinds
- Property requiring professional cleaning
The older the property and the longer you've lived there, the more wear and tear is expected. A landlord trying to charge for new carpet after a five-year tenancy has a weak case.
You don't have to wait for your landlord to act
This is the part most tenants don't know, and it changes how quickly you get paid.
You can lodge a refund application yourself through Residential Bonds Online, the CBS portal. You don't need your landlord to start the process, and you don't need their agreement to apply.
Once you apply, CBS notifies the other party and they have 14 days to respond. They can accept it, make a counter-offer, or object. If they do nothing within those 14 days, CBS releases the bond to you.
If a counter-offer is made, each one runs for 10 days, and there can be up to seven before the matter goes to SACAT. In practice most bonds resolve well before that point.
Waiting leaves the timing in your landlord's hands. Applying puts it in theirs. If your tenancy has ended and the bond hasn't come back, lodging through Residential Bonds Online is almost always the right first move.
What to do if your landlord wants to keep part of it
Gather your evidence
Entry condition report, move-in and move-out photos, written communications, and receipts for cleaning or repairs. Photos with timestamps are your strongest asset.
Respond to the landlord in writing
Put your position in writing. State what you agree with and what you don't. This creates a record and sometimes resolves things without a tribunal hearing.
Lodge an application with SACAT
Apply to the South Australian Civil and Administrative Tribunal (SACAT) for a bond order. A modest application fee applies — SACAT can reduce or waive it on hardship grounds — and the process is designed to be navigated without a lawyer.
Attend the hearing
Bring your evidence, speak clearly to the facts. Most hearings resolve in a single session. You don't need formal legal representation.
Contact the RentRight SA — free advice for SA tenants. Phone: 1800 060 462.
The bottom line: Most bond disputes come down to a landlord trying to pass normal maintenance costs onto a departing tenant. The law in South Australia is clear — that's not allowed. You have rights. The process exists to protect them.
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Plain-language guidance on your tenancy rights, employment, consumer law, and family law — with warm referral to a verified SA lawyer when you need one. Launching in Australia in 2026.
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