Detecting Tenancy Law Violations When Moving Out

As a renter in New South Wales, it's crucial to understand your rights when ending a tenancy. Whether you're facing an unexpected eviction notice or unsure about claiming your bond back, knowing the law can help ensure your landlord is not violating any regulations during the move-out process.

Know Your Rights Under the Residential Tenancies Act 2010

The Residential Tenancies Act 2010 governs tenant and landlord relationships in New South Wales. This act outlines various responsibilities and processes related to ending a tenancy, including proper notice requirements and conditions for claiming bond money.

Notice Requirements

If your landlord wants you to move out, they must provide the correct notice period according to your lease agreement and the type of tenancy. For a fixed-term agreement, the landlord must issue a 90-day notice for no reason if the lease is ending or a 14-day notice if it's due to breach of agreement.

Bond Recovery

At the end of your tenancy, recovering your bond efficiently is essential. You can apply for a bond refund through NSW Fair Trading's Rental Bonds Online. If your landlord wants to claim part of your bond, they must provide adequate evidence.

Forms and When to Use Them

• Notice of Termination (Form 11): Use this form to notify your landlord of your intent to end the tenancy. Available at NSW Fair Trading.
• Condition Report: This must be completed and agreed upon by both parties at the beginning and end of the tenancy to avoid disputes regarding the bond.

Dispute Resolution and Tribunal Applications

If you believe your landlord is not adhering to the regulations, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for dispute resolution. NCAT can sometimes intervene to prevent unlawful evictions or resolve bond disputes.

Remember, you do not have to move out immediately unless the tribunal has issued an order.

1. What happens if I receive an eviction notice? If you receive an eviction notice, the first step is to review the notice to ensure all details comply with New South Wales's legal requirements. If it seems invalid, contact NCAT for advice.
2. How can I dispute a bond deduction? If your landlord claims part of your bond, ensure they provide a valid reason and evidence. If these are insufficient, you can dispute the claim through the bond lodgement process at NSW Fair Trading.
3. What if my landlord doesn’t serve a valid notice? Lack of a valid notice means you may not be legally required to vacate the property. Consider seeking legal advice or applying to NCAT for affirmation.

1. How to respond to an invalid eviction notice
   1. Review the notice's compliance with the Residential Tenancies Act 2010.
   2. Contact your landlord in writing, showing where the notice is invalid if applicable.
   3. Seek advice or escalate the matter to NCAT if the issue remains unresolved.
2. How to claim your rental bond back
   1. Ensure the condition report is complete and accurate.
   2. Submit an online bond claim through Rental Bonds Online.
   3. If disputed, provide supporting evidence to Fair Trading.

Need Help? Resources for Renters

• Tenants' Union of NSW for guidance and support regarding rental laws.
• Service NSW for access to various tenant-related services and information.
• NSW Civil and Administrative Tribunal (NCAT) for resolving rental disputes.

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Key Takeaways:

• Know the correct notice requirements under the Residential Tenancies Act 2010.
• Understand how to claim your bond effectively using NSW Fair Trading resources.
• Access to NCAT is available for tenants to resolve disputes or unlawful eviction notices.

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