Rental property maintenance responsibilities

Official information by: NSW Fair Trading

Tenants' responsibilities

The residential tenancy agreement (lease) will detail the responsibilities of the tenant.

Tenants must:

• keep the property ‘reasonably’ clean
• tell the landlord of any damage/disrepair as soon as possible
• leave the property as near as possible to the condition it was in at the start of the tenancy (‘fair wear and tear’ excepted)
• not damage or permit damage to the property
• be responsible for damage by anyone the tenant has allowed onto the premises
• not make any changes to the property without the landlord’s written consent (unless allowed under the tenancy agreement)
• be responsible for the cost of repairing damage they have caused or allowed.

Tenants are also responsible for minor maintenance, including:

• replacing light bulbs
• cleaning windows
• dusting
• removing cobwebs
• routine garden maintenance such as watering, mowing and weeding.

Landlords' responsibilities

Landlords must:

• provide the rental property in a ‘reasonably’ clean state and fit for tenants to live in
• let tenants know of any items that may need repair before they move in
• provide and maintain the rental property in ‘reasonable’ repair
• make any repairs referred to in the original condition report

What is ‘reasonable’ state of repair depends on:

• the age of the premises
• the amount of rent paid
• the potential life of the premises.

The landlord is not required to fix any damage that a tenant causes. But, if a landlord wants to claim compensation later, they must try to limit the cost of any repair or replacement.