My landlord is claiming for damage I didn’t cause — what do I do?

You can push back. NSW law gives you clear tools to challenge a bond claim for damage that wasn’t yours, was already there when you moved in, amounts to normal wear and tear, or has been priced unreasonably.

This happens more often than it should. A landlord or agent sends you an itemised claim at the end of your tenancy, and the list doesn’t match your memory of the property. Maybe the carpet was already stained. Maybe a wall was already scuffed. Maybe the quote they’ve attached is three times what the job should cost. Each of these is a legitimate basis to dispute the claim — and the law is on your side.

What the law actually allows a landlord to claim

Under section 166 of the Residential Tenancies Act 2010 (s166), a landlord can only claim for repairs caused by the tenant, an occupant, or an invitee (someone you invited into the property). They cannot claim for damage caused by someone else, and they cannot claim for fair wear and tear.

The cost of any repairs must also be reasonable. A landlord cannot charge you the full replacement cost of an item that was already old and partly worn out when you moved in.

For a full breakdown of what can and cannot be legitimately deducted, see What can a landlord deduct from my bond in NSW?

The four common reasons a damage claim is wrong

1. It wasn’t your damage

The most direct rebuttal: you simply didn’t cause it. This covers two situations.

The first is pre-existing damage — it was there when you moved in. If the condition report you received at the start of the tenancy records the issue, the landlord cannot now claim you caused it.

The second is third-party damage — someone other than you, an occupant, or a guest caused it. Under s166, the landlord has no claim against you for damage caused by a tradesperson, a neighbour, or a stranger.

There is also a specific protection under section 54A of the Residential Tenancies Act 2010 for victim-survivors of domestic violence. If damage was caused to the property by the perpetrator during a domestic violence incident, the victim-survivor and other tenants cannot be held liable for that damage.

2. That’s fair wear and tear, not damage

Fair wear and tear means the gradual, normal deterioration that happens from everyday living. It is not damage. Faded paint, worn carpet in high-traffic areas, and small scuffs on walls from furniture are all examples of fair wear and tear.

Damage is something different — it is deterioration beyond what would normally occur through ordinary use. A large stain deliberately made in carpet, a hole punched in a wall, or a cracked window pane are examples of damage.

The distinction matters legally. Under s166, a landlord cannot claim for fair wear and tear — only for damage beyond it. If you believe the landlord has labelled normal ageing as damage, that is a valid basis to dispute the claim.

3. The cost claimed is not reasonable

Even if the landlord has a legitimate claim for damage, they cannot charge you more than a reasonable cost of repair. Two rules matter here.

First, betterment: if the repair results in something newer or better than what existed before, you should not pay the full cost. You pay only for what was lost, not for an upgrade.

Second, depreciation: if an item was already old and partly worn — say, carpets that were eight years old in a property where carpets typically last ten — you are only liable for the remaining value. You are not required to pay for brand-new replacement carpet if the old one was nearly at end of life. Depreciation is not written into the Act itself, but NCAT (the NSW Civil and Administrative Tribunal) applies it in practice.

If the landlord’s quote seems inflated, or they are claiming full replacement value for an aged item, this is worth challenging.

4. The condition report supports your position

The ingoing condition report is a formal statutory document under section 29 of the Residential Tenancies Act 2010. It records the state of the property at the start of your tenancy. If it notes a pre-existing stain, crack, or mark in the same location as the landlord’s current claim, that is strong evidence the damage was already there.

The outgoing condition report — completed when you leave — also matters. If there is no significant difference between the two, the landlord’s claim becomes very difficult to sustain.

The evidence that wins these disputes

Your single most important document is the ingoing condition report. Under section 29 of the Residential Tenancies Act 2010, the landlord must give you a completed condition report before or at the time you sign the tenancy agreement. If you don’t have a copy, request one in writing.

Beyond the condition report, gather:

• Dated photos from move-in and move-out. Photos with timestamps are far more persuasive than undated ones. If you emailed photos to the agent at the start of the tenancy, those emails have timestamps built in.
• Correspondence about pre-existing issues. If you reported a problem to the landlord or agent during the tenancy — by text, email, or the RBO portal — keep those messages. They establish that the issue existed and that you notified them.
• Quotes or invoices you obtained independently. If the landlord’s repair quote seems high, getting a second quote from a different tradesperson gives you a concrete comparison to put before a tribunal.
• The landlord’s own documents. Under section 165 of the Residential Tenancies Act 2010, the landlord must give you copies of any estimates, quotes, invoices or receipts for the work claimed, plus a completed outgoing condition report, within seven days of making the bond claim. If they haven’t provided these, ask for them immediately in writing.

What to do, in order

Step 0 (if you can — the proactive move): Claim your bond first.

Before waiting for the landlord to make a claim, the most effective strategy is often to lodge your own claim for a full refund. As soon as you have returned the keys, log in to Rental Bonds Online and lodge your claim. This puts the landlord on a 14-day clock to either agree or apply to NCAT to dispute your claim. It shifts the burden of starting formal proceedings from you to them — a much stronger position to be in.

Step 1: Respond to the landlord or agent in writing.

Put your dispute in writing as soon as possible. State clearly which items you are disputing and why. Keep the tone factual. Written communication creates a record that is useful later.

Step 2: Notify NSW Fair Trading that the bond is disputed.

Under section 164 of the Residential Tenancies Act 2010, once the landlord lodges a claim without your consent, NSW Fair Trading will send you a written notice of that claim. From the date of that notice, you have 14 days to notify Fair Trading in writing that the claim is the subject of proceedings before NCAT or a court. If you don’t, the bond will be paid out as claimed.

Missing the 14-day window is not the end of the road, however. Under section 175 of the Residential Tenancies Act 2010 and clause 39(8) of the Residential Tenancies Regulation 2019, you can still apply to NCAT for an order about the bond within 6 months after it has been paid out. The 14-day window is the easier path — it stops the payment before it happens — but the 6-month post-payout window is a genuine statutory backstop.

Step 3: Attempt Fair Trading conciliation.

Fair Trading offers free conciliation between landlords and tenants. Many disputes settle at this stage without going further. The conciliator does not decide the outcome — they help both sides reach an agreement. If you settle, both parties can direct Fair Trading to pay the bond accordingly.

Step 4: Apply to NCAT if conciliation fails.

If conciliation does not resolve the dispute, either party can apply to NCAT for a formal hearing. For the full procedural detail on lodging a dispute — including how to notify Fair Trading and what to file — see How do I dispute a bond claim in NSW?

What NCAT actually looks at

NCAT will examine whether s166 is satisfied: did the tenant, an occupant, or an invitee actually cause the damage? The landlord bears the practical burden of demonstrating this. If they cannot connect the damage to something you or your guests did, the claim should fail.

NCAT will also look at whether the cost claimed is reasonable. This is where depreciation arguments, betterment arguments, and competing quotes are presented. Bring every document you have: condition reports, dated photos, the landlord’s invoices, and any independent quotes you obtained.

The Tribunal weighs evidence on the balance of probabilities — meaning whichever side’s version is more likely to be true. A clear, well-documented case with dated photos and a condition report that supports your account carries real weight.

NCAT also considers section 51 of the Residential Tenancies Act 2010, which requires a tenant to leave the premises in nearly the same condition as when they moved in, fair wear and tear excepted. If you can show the condition was consistent with normal use and the condition report supports it, that obligation is met.

Not sure whether a specific claim is worth disputing?

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The best protection against a disputed damage claim is a thorough ingoing condition report combined with dated photos taken on your first day. Even if you are already at the end of a tenancy and the dispute has started, collecting and organising your existing documentation — texts, emails, photos, the condition report — is the most useful thing you can do right now.