Rental laws by state: how they actually differ
Residential tenancy law is state and territory legislation, not federal, and treating one set of rules as universal is where most landlord advice goes wrong. No-grounds evictions still exist in two jurisdictions and nowhere else. Only the ACT caps rent increases. Minimum standards range from a fourteen-item checklist to nothing at all. The table below is a starting point; each state links through to a fuller guide.
| State | No-grounds evictions | Rent increases | Minimum standards | Entry | Pets | Bond |
|---|---|---|---|---|---|---|
| New South Wales | Abolished (19 May 2025) | Uncapped; NCAT can hear an “excessive” challenge | 7 items | 4 inspections / 12 months | 21 days to refuse in writing | 4 weeks |
| Victoria | Abolished | Uncapped; VCAT can hear an “excessive” challenge | 14 items, checked before advertising | Once / 6 months, none in first 3 months | 14 days; refusal needs a VCAT order | 1 month (more above $900/week) |
| Queensland | Abolished | Uncapped; clock attaches to the property, not the tenant | 9 items | Once / 3 months | 14 days to refuse in writing | 4 weeks |
| South Australia | Abolished (1 July 2024) | Uncapped; clock resets with a new tenant | Set under the Housing Improvement Act 2016 | 4 inspections / year | 14 days to refuse in writing | 4 weeks (6 above a rent threshold) |
| Western Australia | Still valid — a ban is announced, not legislated | Uncapped | None prescribed | Once / 3 months | 14 days; pet bond up to $350 allowed | 4 weeks (uncapped above $1,200/week) |
| Tasmania | Never existed | Uncapped | None prescribed | Once / 3 months, 24-hour notice | 14 days; refusal needs a tribunal order; pet bonds banned | 4 weeks |
| Australian Capital Territory | Abolished (2019) | Capped at 110% of CPI growth — the only jurisdiction that caps | Energy efficiency deadline 30 Nov 2026 | Twice / 12 months, plus a final-month inspection | 14 days; refusal needs an ACAT order | No fixed weeks specified here — confirm with Access Canberra |
| Northern Territory | Still valid — 60 days' notice, no ground needed | Uncapped; every 6 months, and only if written into the lease | Smoke alarm / gas / electrical rules sit outside the RTA | No fixed frequency specified here — confirm with NT Consumer Affairs | 14 days to refuse in writing | 4 weeks, held by the agent or landlord — no government bond authority |
Penalty amounts and a small number of state-specific figures aren't included in this table where our research couldn't confirm them against a primary regulator source — each state guide says exactly what's been left out and why.
Six things people get wrong
These are the most-repeated claims we found circulating that don't hold up against the current law.
- Has NSW introduced minimum energy efficiency standards from 1 July 2025?
- No. That's a consultation that closed without a commencement date attached — there is no energy efficiency standard in force in NSW yet.
- Does Queensland have a portable bond pilot starting January 2026?
- No. It was never implemented, and the Residential Tenancies Authority's own site has no such scheme listed.
- Does Tasmania's short-stay levy start 1 July 2026?
- No. The bill passed the lower house on 7 May 2026 and has stalled in the Legislative Council. The government's own position, as of April 2026, is that it would start no earlier than 1 January 2027.
- Has Western Australia banned no-grounds evictions?
- No. A ban has been announced, but no bill has been drafted or introduced. The no-grounds route remains valid under WA law right now.
- Did the Northern Territory's pet rules start on 2 January 2024?
- No. The pet provisions commenced on 1 January 2021. The January 2024 reforms covered separate ground — notice periods, domestic and family violence protections, and rent bidding.
- Can an ACT landlord raise rent by 110%?
- No — that's a common misreading. The 110% applies to the growth in Canberra's rents-specific CPI measure, not to the rent itself. If that CPI figure hasn't moved, no increase is permitted at all.
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