5 Things Your Landlord Can't Legally Charge You For
One of the most frustrating parts of renting is the slow bleed of money toward things you shouldn’t be paying for. End-of-lease charges, maintenance costs, vague “administration fees” — landlords and property managers are creative when it comes to extracting cash from tenants.
But a lot of these charges aren’t just unfair. They’re illegal. Here are five common ones that tenants across Australia should know about — and push back on.
1. Letting Fees
In most Australian states, tenants cannot be charged a fee for being “let” the property. This is the cost of finding a tenant, and it’s the landlord’s expense — not yours.
Queensland banned tenant-paid letting fees outright. In Victoria, they’ve been prohibited for years. NSW and the ACT also prevent agents from charging tenants for this service.
If you see a “letting fee” or “lease preparation fee” on your initial costs, question it immediately. Check the rules in your state through the Tenants’ Union or equivalent body. If it’s not legal, don’t pay it.
2. Fair Wear and Tear at Bond Return
This is the big one. Every year, thousands of tenants lose bond money over things that are simply the result of normal living.
Fair wear and tear includes:
- Faded curtains from sun exposure
- Minor scuff marks on walls
- Worn carpet in high-traffic areas
- Small nail holes from hanging pictures (in most states)
- Slightly discoloured grout in bathrooms
Your landlord cannot deduct bond money for these things. The property doesn’t need to be returned in the same condition as when you moved in — it needs to be returned in a condition consistent with its age, allowing for reasonable use.
The trick is documentation. Take dated photos at move-in and move-out. Use the condition report properly. If the carpet was already five years old when you moved in and it’s now seven years old and looks like it, that’s not your problem.
3. Emergency Repairs You Organised
If your hot water system fails at 10pm on a Saturday night, you’re entitled to arrange emergency repairs and have the landlord pay for them. This includes things like burst pipes, dangerous electrical faults, gas leaks, and failures of essential services.
Under most state laws, you need to make reasonable attempts to contact the landlord or agent first. But if they’re unreachable, you can call a licensed tradesperson, get the essential repair done, and send the bill to the landlord.
Some landlords push back on this. They’ll argue you should have waited, or that you called the wrong plumber, or that the repair wasn’t really an emergency. But the law is generally on your side, as long as you acted reasonably. Keep receipts, keep records of your attempts to contact the agent, and don’t be intimidated.
The Residential Tenancies Authority in Queensland has clear guidelines on this, and most other states have similar provisions.
4. Professional Carpet Cleaning (in Most Cases)
This one catches a lot of people out. Many leases include a clause requiring professional carpet cleaning at the end of the tenancy. But in several states, these clauses aren’t enforceable — or are only enforceable if the carpets were professionally cleaned before you moved in.
In Victoria, the Consumer Affairs Victoria has been clear: a blanket requirement for professional carpet cleaning is generally an unfair term. If the carpets are in a reasonable condition — vacuumed, no stains — you shouldn’t need to pay $200-400 for a steam clean just because the lease says so.
Check your state’s position on this. It varies, and it’s one of the most common areas where tenants pay money they don’t owe.
One area where technology is starting to help is in AI-powered analysis of condition reports and lease terms. I’ve seen work by an AI consultancy that’s exploring how automated document review could flag unfair lease clauses before tenants sign them. It’s not widespread yet, but the potential is real — especially for people who don’t have easy access to legal advice.
5. Strata or Body Corporate Fees
If you’re renting in an apartment complex, the strata levies are the landlord’s responsibility. Full stop. These cover building insurance, maintenance of common areas, the building manager’s salary, and sinking fund contributions.
Some landlords try to pass these costs on to tenants through inflated rent or, in some cases, as a separate line item. If you see “strata fees” or “body corporate levy” listed as a tenant expense, that’s wrong.
The only exception might be if you’ve directly caused damage to common property — say, you backed your car into the garage door. But the regular quarterly strata fees? Those are an ownership cost, not a rental cost.
What to Do If You’re Being Overcharged
First, don’t just refuse to pay without doing your homework. Check your state’s tenancy legislation. Call your local tenants’ advice service. Get clear on your rights.
Then, put your objection in writing. Email is best — it creates a paper trail. Be specific: cite the clause, cite the law, and explain why you believe the charge is incorrect.
If the landlord or agent won’t back down, you can apply to your state’s tribunal (NCAT in NSW, VCAT in Victoria, QCAT in Queensland, etc.). Tribunal applications are usually cheap — often $50-100 — and you don’t need a lawyer.
The system isn’t perfect, but it does work when tenants know their rights and are willing to stand on them. Don’t let anyone take money out of your pocket just because they think you won’t fight back.