Can my landlord charge 6 weeks bond in NSW?

What the Act actually says

Section 159 of the Residential Tenancies Act 2010 (NSW) sets the maximum rental bond for a residential tenancy. It says — paraphrasing the legislation — that a landlord can require a tenant to pay a bond, but the amount must not exceed four weeks rent.

The exact wording is in subsection (2), which has been the law since 2010 and survived the May 2025 reforms unchanged. There are no carve-outs for furnished properties, no exceptions for higher-end rentals, and no “extra bond if you have a pet” provision. Four weeks is four weeks.

What “four weeks rent” actually equals

If your rent is $620 per week, your maximum lawful bond is:

If the landlord is asking for six weeks ($3,720), they're asking for $1,240 more than the law allows. That excess is the part the clause can't enforce.

Common workarounds landlords try (and why none of them work)

“The property is furnished, so we charge more.”

Section 159 doesn't distinguish between furnished and unfurnished. Both are capped at four weeks. Some other states allow higher bonds on furnished properties — NSW does not.

“The extra two weeks is a ‘security deposit’, not a bond.”

Calling it something else doesn't change what it is. If money is being held as security against potential breach of the tenancy and is returnable at the end, NCAT will treat it as bond regardless of what the lease calls it. The cap applies.

“You have to pay six weeks upfront — four as bond, two as ‘advance rent’.”

Section 156 of the Act caps rent paid in advance at two weeks. So a landlord can ask for four weeks bond + two weeks rent in advance — total six weeks. But the bond portion alone is still capped at four. If they're labelling it all as “bond”, the excess is unenforceable.

“You agreed when you signed the lease.”

You can't contract out of statutory protections. Section 19 of the Act voids any term of a lease that purports to remove a tenant's rights under the Act. The four-week cap is a tenant right. A lease clause that says “six weeks bond” is automatically void to the extent it exceeds four.

What to do right now

1. Write to the landlord or agent in writing.Email is fine and creates a paper trail. State that section 159 caps bond at four weeks and request that the bond requirement be reduced to that amount. Don't be aggressive — be matter-of-fact. (Template below.)
2. Don't pay six weeks while you wait for a reply.If you've already signed and you need to move in, pay the lawful four-week amount and note in writing that you're paying four weeks because that's the legal maximum.
3. If the landlord refuses, lodge a dispute. Use the NSW Fair Trading complaint form or apply directly to NCAT (Consumer and Commercial Division) for orders. Filing fee is modest ($55 as of May 2026, waivable on hardship grounds).
4. Save everything. Every email, every text, every screenshot. Bond disputes are won and lost on documentation.

Template letter

Copy, replace the bracketed placeholders, send via email. Keep a copy for your records.

If you've already paid 6 weeks

You can recover the overpayment. Write to the landlord requesting a refund of the excess. If they refuse, the Rental Bond Board holds your bond — you can dispute via Fair Trading or NCAT for orders that the excess be returned. NCAT can also order interest on the overpayment.

The dispute window doesn't expire while the tenancy is ongoing. You can raise it any time. Best timing is at the start (before moving in) or at the end (when you'd be claiming the bond back anyway).

When to escalate

Most landlords back down once you cite the section number. The cap is uncontroversial — it's been the law for 15 years and every property manager knows it. If they refuse, that's a strong signal they've been getting away with excess bonds for a while and don't want a fight on record.

Escalate to:

• · NSW Fair Trading — call 13 32 20 or lodge a complaint online. They'll usually contact the landlord on your behalf.
• · NCAT (Consumer and Commercial Division) — file an application for orders that the bond be set at the lawful amount and any excess be returned. Filing fee around $55.
• · Tenants' Union of NSW — 1800 251 101, free advice, can help you with the NCAT application if needed.

The bigger picture

Bond overcharging is one of the most common things we see in NSW leases. It's rarely intentional fraud — it's often a property manager copying an old template, or a landlord who genuinely doesn't know the cap. The fix is almost always the same: a short, polite, sectioned-cited email asks for the correct amount, and you get it.

But you only get it if you know to ask. Most renters don't. That's the gap Renterprise is built for.

This article was written by Mya Bertolini, a final-year USYD Law and Arts student working as a paralegal at Turks Legal. It's educational, not legal advice. For complex matters, contact the Tenants' Union of NSW on 1800 251 101 or a qualified solicitor. Section numbers verified against the Act as at May 2026.