South Australia: can my landlord keep my bond?
Your bond is your money. Your landlord is holding it — but they don't own it. Here's exactly what the law says about bond deductions in SA, what counts as fair wear and tear, and how to get your bond back through SACAT.
- 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 don't agree with it, you can address 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 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 of up to four weeks' rent. It's paid at the start of your tenancy and is meant to protect the landlord if you leave the property damaged or with unpaid rent.
Crucially, your bond is not held by your landlord. Under the Residential Tenancies Act 1995 (SA), it must be lodged with Consumer and Business Services (CBS) — a government agency — within 7 days of you paying it. CBS holds the money independently until your tenancy ends. If your landlord hasn't lodged your bond with CBS, that's a breach of the Act and worth noting when you make your claim.
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 that won't clean, damage caused by pets.
- Unpaid rent — any rent outstanding at the time you vacated.
- Cleaning costs — but only if the property was left in a genuinely worse condition than when you moved in, after reasonable cleaning.
That's the full list. A landlord cannot claim your bond because the property is older, because they want to renovate, or because of any general maintenance that was their responsibility to begin with.
Fair wear and tear — the most misunderstood part
This is where most situations start. Landlords sometimes try to claim for things that are simply the natural result of someone living in a property. The law calls this fair wear and tear — and it cannot be charged to you.
- 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 over time
- Worn grouting in bathrooms
- Holes in walls from picture hooks or anchors
- Carpet stains or burns
- Broken tiles, windows, or fixtures
- Pet damage to flooring or doors
- Missing or broken blinds
- Property left requiring professional cleaning
The older the property and the longer you've lived there, the more wear and tear is expected and accepted. A landlord trying to charge for new carpet after a five-year tenancy has a weak position. Age and reasonable use are always relevant.
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 of your bond — and CBS will process it.
Keep track of when you handed back the keys. That's the date the clock starts. If you don't hear anything within four weeks, don't wait — contact CBS and initiate the refund process yourself.
What to do if your landlord is making a bond claim
If your landlord has made a claim and you don't agree with it, you don't have to accept it. Here's the process:
- Gather your evidence — your entry condition report, photos from move-in and move-out, written communications with your landlord, and receipts for any cleaning or repairs you completed. Photos with timestamps are your strongest asset.
- Respond to the landlord in writing — before going to SACAT, put your position in writing. State clearly what you agree with and what you don't, and why. This creates a record and sometimes resolves things without a tribunal hearing.
- Lodge an application with SACAT — if you can't resolve it directly, apply to the South Australian Civil and Administrative Tribunal (SACAT) for a bond order. The application fee is small — typically under $60 — and the process is designed to be navigated without a lawyer.
- Attend the hearing — SACAT hearings for bond situations are usually straightforward. Bring your evidence, speak clearly to the facts, and let the member decide. Most hearings are resolved in a single session.
Contact the Tenants Information & Advocacy Service (TIAS) — they offer free advice for SA tenants and can help you understand whether your position is strong before you file. Phone: 1800 060 462.
Protecting yourself before you move out
The best time to protect your bond is before you hand back the keys — not after.
- Do a thorough walkthrough of the property and photograph every room, including any existing damage
- Compare your photos against the entry condition report you received when you moved in
- Complete a professional clean if the property needs it — keeping the receipt
- Request to be present at the landlord's exit inspection if possible
- Get your final rent payment confirmed in writing so there's no question over arrears
What if the landlord hasn't lodged the bond with CBS?
If you paid a bond and your landlord never registered it with CBS, that's a breach of the Residential Tenancies Act. Raise this with CBS directly. In this situation, it's worth getting legal advice — the Legal Services Commission of South Australia offers a free initial consultation.
The bottom line
Most bond situations come down to one thing: a landlord trying to pass normal maintenance costs onto a departing tenant. The law in South Australia is clear — that's not allowed. If you have photos, a condition report, and a reasonable position, SACAT is there for exactly this situation, and it doesn't require a lawyer to navigate.
You have rights. The process exists to protect them.