Getting my bond back

What this usually means

When you started renting, your bond went to the Residential Tenancies Authority (RTA). The RTA keeps it for the whole tenancy. Nobody can take it out without a refund request.

At the end of the tenancy, the bond is paid out using a Refund of rental bond (Form 4). If you and the landlord or agent agree, it is quick. If they claim part of it, the RTA holds that part and starts a short process.

The agent can claim for some types of outstanding costs. The law expects you to leave the place in the same condition as when you moved in, apart from fair wear and tear. Damage caused by a pet is not fair wear and tear. The tribunal looks at what you did to clean and return the property, and at the evidence behind any claim.

What you can do now

1. Do not ask for the bond until the tenancy has ended. The RTA cannot accept a refund request before the notice period ends.
2. On your last day, complete the exit condition report (Form 14a) and take dated photos of every room. Hand back all keys, remotes and access cards.
3. Ask for an agreed refund. The quickest way is online through RTA Web Services. One person starts the request and the others agree by email. On paper, everyone named on the bond signs the same Form 4 and gives bank details.
4. If the agent claims money, read the RTA Notice of claim carefully. You have 14 days to respond. To disagree, send a Dispute resolution request (Form 16).
5. Ask the agent for the evidence. Receipts, quotes and records of unpaid rent are examples. They must give it to you within 14 days of making the claim. The evidence goes to you, not to the RTA.
6. Say in writing which parts of the claim you accept and which you dispute, and why. Share your photos and the exit report.
7. If the tenancy ended because of domestic and family violence, ask the RTA about Form 4a, which has its own process. If you are in danger now, call 000.

Time limits

• 14 days to respond to the RTA Notice of claim. If you do not respond in time, the bond is paid in full as the first refund request directed.
• 14 days for the landlord or agent to give you evidence of their claim, counted from the day they make it.
• 7 days to apply to QCAT after the RTA gives you a Notice of unresolved dispute. You must also tell the RTA in writing, with a copy of your QCAT receipt, within the same period. If you do not, the bond may be paid to the person who claimed first. In limited cases you can ask the RTA for up to 3 more days.

These are short. Write the dates in your calendar the day each notice arrives.

If it goes further

The RTA's dispute resolution service is free. A conciliator speaks to both sides, by phone calls or a three-way teleconference. The conciliator does not decide who is right.

If there is no agreement, the RTA issues a Notice of unresolved dispute. You can then apply to QCAT (Form 2) and attach that notice. QCAT can decide how the bond is paid, looking at your efforts to leave the place clean and in good order, how each side followed the law, and the evidence for each claim. Claims over the bond, up to $25,000, can also be heard by QCAT.

If a QCAT case is dismissed or withdrawn, the RTA pays out the disputed bond as the original Form 4 directed. Neither side can start dispute resolution again.

Questions to ask whoever helps you

• Which dates have I got to respond, and what happens if I miss one?
• Is the evidence the agent gave me enough to support each part of their claim?
• Which damage counts as fair wear and tear, and which does not?
• Should I agree to part of the claim and dispute the rest?
• How do I tell the RTA about my QCAT application so the bond is held?