New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 159

159 Payment of bonds

(1) A landlord, landlord's agent or any other person must not require or receive from a tenant or another person a rental bond of an amount exceeding 4 weeks rent under the residential tenancy agreement for which the bond was paid (as in force when the agreement was entered into).

(1A) A landlord, landlord's agent or any other person must not require or receive from a tenant a rental bond unless--

(a) the landlord or landlord's agent is registered as a user of the online rental bond service established under section 157A, and

(b) the tenant has been invited by the landlord or the landlord's agent to provide an address that can be used to invite the tenant (using the online service) to use the online service to deposit the rental bond with the Secretary, and

(c) if the tenant has provided such an address--

(i) the landlord or landlord's agent has invited the tenant (using the online service) to use the online service to deposit the rental bond with the Secretary, and

(ii) the tenant has been given a reasonable opportunity to use the online service to deposit the rental bond with the Secretary or has declined the invitation.

(2) A landlord, landlord's agent or any other person must not require from a tenant or another person an amount of rental bond before the tenant signs the residential tenancy agreement.

(2A) Subsection (2) does not prevent a landlord, landlord's agent or other person from requiring a tenant or other person who has agreed to deposit a rental bond for a residential tenancy agreement with the Secretary to provide evidence that the rental bond has been so deposited before the residential tenancy agreement is entered into.

(3) A person who receives payment of a rental bond must provide the tenant, or person paying the bond, with a receipt for the bond but is not required to do so if details of the payment are recorded in the residential tenancy agreement.

(4) A person who contravenes this section is guilty of an offence.

: Maximum penalty--20 penalty units.