Residential Tenancies Act 2010 (NSW)

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See also—

Residential Tenancies Amendment (Animals in Residential Premises) Bill 2024 [Non-government Bill— the Hon Emma Hurst, MLC]

Residential Tenancies Amendment (Protection of Personal Information) Bill 2025

Victims Rights and Victims of Crime Commissioner Bill 2025

whole Act: Am 2016 No 27, Sch 2.40 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively).

An Act with respect to the rights and obligations of landlords and tenants, rents, rental bonds and other matters relating to residential tenancy agreements; and for other purposes.

Part 1PreliminaryDivision 1General1Name of Act

This Act is the Residential Tenancies Act 2010.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Definitions(1)

In this Act—

acceptable behaviour agreement—see section 138.

apprehended violence order has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007 and includes a provisional, interim and final apprehended violence order.

approved form means the form approved from time to time by the Secretary.

Board means the Rental Bond Board constituted under this Act.

break fee—see section 107.

co-tenant means a tenant who is one of 2 or more tenants under a residential tenancy agreement.

Department means the Department of Customer Service.

domestic violence offence has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007.

exercise a function includes perform a duty.

fixed term agreement means a residential tenancy agreement for a tenancy for a fixed term.

function includes a power, authority or duty.

give includes cause to give.

holding fee means an amount paid or required to be paid to a person for not letting premises pending the making of a residential tenancy agreement.

investigator means an investigator appointed under section 18 of the Fair Trading Act 1987.

landlord means—

  • (a)

    the person who grants the right to occupy residential premises under a residential tenancy agreement, or

  • (b)

    a successor in title to the residential premises whose interest is subject to the interest of the tenant, or

  • (c)

    a tenant who has granted the right to occupy residential premises to a sub-tenant,

and includes a prospective landlord.

landlord’s agent means a person who acts as the agent of a landlord and who (whether or not the person carries on any other business) carries on business as an agent for—

  • (a)

    the letting of residential premises, or

  • (b)

    the collection of rents payable for any tenancy of residential premises.

Note.

A person who acts as such an agent is required to be licensed under the Property and Stock Agents Act 2002.

periodic agreement means a residential tenancy agreement that is not a fixed term agreement.

premises includes a moveable dwelling within the meaning of the Local Government Act 1993.

public holiday means a day appointed under the Public Holidays Act 2010 or another Act as a public holiday.

rent means an amount payable by a tenant under a residential tenancy…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.