Understanding Bond Refunds & Claims in South Australia

As a renter in South Australia, understanding how bond refunds and claims work can save you both time and stress when moving out of a rental property. Here, we outline what every tenant in South Australia should know to make this process smooth and straightforward.

Bond Refunds in South Australia

The rental bond is a security deposit paid at the start of your tenancy to cover any potential damage or unpaid rent. At the end of your lease, you would naturally want this bond back. In South Australia, both tenants and landlords can apply for bond refunds via Consumer and Business Services (CBS).

Bond Refund Forms and Process

To initiate a bond refund, both the tenant and landlord must complete a 'Bond Refund Form.' This form can also be submitted online through the SA Government website. Ideally, if both parties agree, the bond is refunded promptly.

Claiming Your Bond

There may be instances where you believe your bond should be returned in full, but the landlord has a different view. In such cases, understanding the process for disputing bond claims is crucial.

Disputing Bond Deductions

If a dispute arises over the bond refund, it is advisable to first try and resolve it amicably with your landlord. If no agreement can be reached, you can lodge a dispute with the South Australian Civil and Administrative Tribunal (SACAT).

If a compromise cannot be reached, tenants can file an application with SACAT for adjudication.

Laws Governing Bond Refunds

The Residential Tenancies Act 1995 outlines all the rules regarding rental bonds in South Australia. As a tenant, it’s vital to familiarize yourself with these rules to know your rights and responsibilities.

When Should You Receive a Refund?

Typically, bond refunds should be processed within 7 days after an agreement on existing claims is reached. Ensure all necessary forms are accurately completed to avoid delays.

1. What should I do if I don't receive my bond refund on time? If you're facing delays in receiving your bond refund, check with both the CBS and SACAT for guidance and potentially file a dispute if necessary.
2. Can my landlord keep my bond? Yes, but only to cover unpaid rent, damages beyond ordinary wear and tear, or other breaches of the tenancy agreement.
3. What is considered ‘property damage’? Property damage typically refers to issues that go beyond normal wear and tear, like holes in walls, broken windows, or damaged fixtures.

1. How to file a Bond Refund Form in South Australia
   1. Access the 'Bond Refund Form' on the SA Government website.
   2. Fill in the required details, including your agreement on any claim deductions.
   3. Submit the completed form online or send it via mail to CBS.

Need Help? Resources for Renters

If you need more help, consider contacting local resources such as:

• Consumer and Business Services (CBS): Offers guidance on rental laws and processes.
• Legal Services Commission of South Australia: Provides free legal advice and assistance.
• South Australian Civil and Administrative Tribunal (SACAT): Handles disputes between tenants and landlords.

---

This is your roadmap for navigating bond refunds and claims in South Australia:

• Understand the bond and how it functions as your rental security deposit.
• Familiarize yourself with the proper forms and lodgement processes via the CBS.
• Know your rights in disputes and how to engage SACAT when necessary.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid