What to do today
A Victorian renter moving out after 13 years was told by the property manager that the bond would go towards new carpet and repainting. After 13 years, that carpet and paint have done their life. Ordinary wear from living somewhere for years is not damage, and the law does not make you fund the next renovation.
1. Do not agree to the deduction. Do not sign a bond claim form or accept a split on the portal that you disagree with. Reply in writing (template below) asking for the specific damage, the evidence and the quotes. In Victoria, RTBA only repays the bond when everyone on it agrees or RDRV or VCAT makes an order, so the agent cannot simply keep it.
2. Start your own claim for the full bond.
- NSW: lodge a claim on Rental Bonds Online. You do not need the landlord's signature. The landlord or agent has 14 days to dispute it, and to dispute it they must apply to NCAT within 14 days of the notice and tell Fair Trading in writing. If they do not, Fair Trading pays you.
- Victoria: start a claim with the Residential Tenancies Bond Authority (RTBA). You do not need the other parties' agreement. They have 14 days to contest it, and contesting means applying to Rental Dispute Resolution Victoria (RDRV) or VCAT (20 days if RTBA has to notify them by post). If nobody contests in time, RTBA pays you (Residential Tenancies Act 1997 (Vic) s 411A(3)(c)).
3. Gather your evidence now, before you hand back the keys. Your ingoing condition report, dated photos of every room at move-out, and anything showing when the carpet and paint were last replaced (old emails, the listing photos, the condition report itself).
4. If they take it further, here is the cost.
- NSW: a tenancy application to NCAT costs $64, or $16 at the reduced rate for eligible pensioners, students on an allowance and people helped by legal aid or a community legal centre (as at 1 July 2026; a Health Care Card alone does not qualify). A bond application must be made within 6 months after the bond is paid out (NCAT, s 175).
- Victoria: RDRV is free. A VCAT application about a bond (Part 10 of the Act) has no fee.
Why old carpet and paint are not your cost
The rule is the same in both states. You must leave the premises as nearly as possible in the same condition as at the start, fair wear and tear excepted (NSW s 51(3)(b)), or "in the same condition as when the renter entered into possession of the premises, taking into account fair wear and tear" (Vic s 63(2)). Victoria defines fair wear and tear as deterioration caused by reasonable use of the premises and by natural environmental forces (Vic s 3(1)), and says damage does not include it (Vic s 61(2)).
What the landlord can claim is limited too. The bond can cover the reasonable cost of repairs or restoration because of damage caused by you or your visitors, other than fair wear and tear (NSW s 166(1)(a); Vic s 411AB(1)(a)). That means a repair for something you broke, not an upgrade.
What the regulators say counts as wear and tear. NSW Fair Trading lists carpet with furniture indentations and traffic marks, and paint that is faded, chipped or cracked, as fair wear and tear. Stains, burns and an unapproved, poor paint job are damage. RDRV says faded paint, worn carpets and minor scuff marks from daily use are fair wear and tear, and that a rental provider can only claim bond for damage. Consumer Affairs Victoria adds that a rental provider cannot claim for damage that was its own responsibility to repair.
Age matters, even when there is real damage
Even a stain or a burn does not entitle the landlord to a brand new carpet. The claim is for the reasonable cost of repair or restoration, and restoring a 13-year-old carpet means restoring something that was already near the end of its life.
The ATO's effective life for removable carpet in a rental property is 8 years for carpet bought from 1 July 2019, and 10 years for carpet bought before then (ATO Rental properties guide, Table 3; Effective Life Determination 2025). The ATO also treats repainting faded or damaged interior walls as maintenance, the ordinary cost of keeping a rental in a tenantable condition. These are tax figures, not tenancy law, but they are an official, neutral measure of how long carpet is expected to last. Carpet that was already in place when you moved in 13 years ago has passed both.
If the agent has itemised the claim, the free Bond claim checker works through each item, including how the age of carpet, paint and curtains affects what can be claimed.
Your condition report
- NSW: a condition report signed by both landlord and tenant is presumed to be a correct statement of the condition of the premises on the day it records, unless there is evidence to the contrary (s 30). If the landlord makes a bond claim without your agreement, Fair Trading says they must give you the outgoing condition report and copies of quotes, invoices or receipts for the work they are claiming, within 7 days of making the claim.
- Victoria: a condition report signed by or for both parties is conclusive evidence of the condition of the premises on the day in the report, except for things that could not reasonably have been found on inspection and anything you disagreed with in writing on your copy (s 36).
If the ingoing report is 13 years old and records worn carpet or marked walls, that is strong evidence the wear was there before you, on top of everything since. If there is no ingoing report at all, the landlord still has to prove the damage and what it costs to fix.
Reply to the agent
Send this by email and keep a copy. Edit the parts in brackets.
Subject: Bond for [address]: claim for carpet and painting Dear [agent name], Thank you for your email of [date] about the bond for [address]. I do not agree to any deduction for replacing the carpet or repainting. I have lived at the property for [13] years. The wear to the carpet and paint is fair wear and tear from ordinary use over that time, which I am not responsible for (Residential Tenancies Act [2010 (NSW) s 51(3)(b) and s 166(1)(a) / 1997 (Vic) s 63(2) and s 411AB(1)(a)]). The carpet and paint were [already in place / already worn, as recorded in the ingoing condition report] when I moved in, and are well past their expected life. If you believe there is damage beyond fair wear and tear, please send me, within 7 days: 1. the specific damage you say I caused, with photos and where it is 2. the ingoing and outgoing condition reports 3. the quotes or invoices for the work, and the age of each item being replaced Otherwise I will claim the full bond of $[amount] myself through [Rental Bonds Online / the RTBA]. Regards, [your name] [phone]
Where to go next
If the bond is not returned at all, the step-by-step for each state is in Landlord won't return your bond in NSW and Landlord won't return your bond in Victoria. If the landlord applies to NCAT or VCAT against you, see Landlord applied to NCAT or VCAT against you.
NSW Fair Trading: 13 32 20, Fair wear and tear versus damage RTBA: 1300 137 164, rentalbonds.vic.gov.au Consumer Affairs Victoria: 1300 558 181, Bond claims and refunds
Each NSW section above links to its text on ZoeLaw. Victorian sections are in the Residential Tenancies Act 1997 (Vic) on the official Victorian legislation site.