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.
- They have 28 days after your tenancy ends to make a claim. If they don't, you can apply for a full refund.
- 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.
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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 of up to four weeks' rent. Under the Residential Tenancies Act 1995 (SA), it must be lodged with Consumer and Business Services (CBS) within 7 days of you paying it. CBS holds the money independently until your tenancy ends.
When can a landlord legally keep your bond?
The law permits a bond claim for three reasons only:
- 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.
Fair wear and tear — the most misunderstood part
This is where most disputes start. Fair wear and tear is the natural result of someone living in a property — and it cannot be charged to you.
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.
The 28-day rule — and why it matters
When your tenancy ends, your landlord has 28 days to make a claim on your bond with CBS. If that deadline passes without a claim, you are entitled to apply for a full refund. Keep track of when you handed back the keys — that's when the clock starts.
What to do if your landlord is disputing your bond
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. The application fee is typically under $60 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 Tenants Information & Advocacy Service (TIAS) — 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.
LucidLaw is building the platform for exactly this.
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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