Residential tenancy agreements

Key information

• The residential tenancy agreement is a contract that sets out a tenant's and landlord's rights and obligations. It has certain standard terms required by residential tenancy law. It may also include additional terms if these are permitted by the law.
• There are two types of agreement:
  • fixed-term – for a specified period (e.g. 12 months)
  • periodic – ongoing, no fixed term is specified.
• Tenancy agreements are usually in written form. They can also be oral (e.g. a conversation with the landlord), or partly written and partly oral.
• Landlords have an obligation to ensure that the tenancy agreement is in writing.
• There is no cooling-off period.
• Tenants cannot be charged for preparing or filling in the agreement.

All agreements must follow the Residential Tenancies Act 2010 (‘the Act’). Residents living in a boarding house under an occupancy agreement are not covered under the Residential Tenancies Act 2010. Visit the boarding houses page for more information.

Two types of tenancy agreement

1. A fixed-term agreement is for a period of time and has a specific end date (e.g. for 6 or 12 months).
2. A periodic agreement is where a fixed-term has not been specified in an agreement or where the fixed-term of an agreement has expired.

If a fixed-term agreement ends and a new agreement is not signed, a tenant will automatically move to a periodic agreement (also known as a continuing agreement). A periodic or continuing agreement has no specific end date.

What about additional terms in an agreement?

An example of an additional term is to have carpets professionally cleaned if the tenant has a pet that will be kept inside the home. A landlord may only apply this term if they have consented to the tenant keeping a pet and it is appropriate for the type of pet. If not, the term should be deleted before the agreement is signed.

Additional terms can also be added at a later date as long as the tenant and landlord agree.

Additional terms may be included must:

• follow NSW tenancy laws or any other relevant laws,
• be consistent with the terms in the standard form, and
• not be a term that is prohibited from being added to a tenancy agreement.

What standard terms cannot be removed or changed in a tenancy agreement?

For fixed-term agreements of 20 years or more, landlords can remove or change the terms of the standard agreement, except for the following terms:

• the responsibility of the landlord to pay rates, taxes and charges
• the limit of no more than one rent increase per year
• the required ways tenants must be offered to pay rent
• the application process for a pet and the landlord's response and conditions
• a tenant’s right to apply to the Tribunal
• the grounds on which the agreement may be terminated
• the landlord’s responsibility to repair smoke alarms
• a tenant's responsibility for their visitors' and co-tenants' actions that are a breach of the tenancy agreement (e.g., damage to the property) and,
• the exceptions to a tenant's responsibility under the residential tenancy law for damage occurring during a domestic violence offence.

Otherwise, the standard terms are taken to be included in fixed-term and periodic agreements.

What terms must not be added to a tenancy agreement?

Terms that must not be added to an agreement include:

• requiring a tenant to have the carpet professionally cleaned, or pay the cost of cleaning, at the end of the tenancy unless the landlord has consented to a pet being kept inside the home and the cleaning is reasonable for the type of pet
• requiring a tenant to have the property professionally fumigated (unless the landlord has consented to a pet being kept inside the home and the pet is a mammal)
• requiring a tenant to take out any form of insurance, such as home contents or public liability insurance
• exempting a landlord, agent or any other person from legal liability for any negligent act or omission
• requiring the tenant to pay a higher rent, a penalty or some other form of damages if they breach the agreement
• giving the tenant a reduced rent or rebate for not breaching the agreement
• requiring the tenant to use the services of a particular person or business to carry out their obligations under the agreement, such as a nominated lawn mowing or pool cleaning company, or payment of rent via a specific third-party app
• requiring the tenant to use a specific utility provider if there is no restriction on utility providers available for the property.

Any additional terms that are not allowed under the law are invalid and cannot be applied. Landlords can face penalties for including such terms in an agreement.

Standard tenancy agreement form

NSW Fair Trading provides a standard tenancy agreement as a fillable PDF.

Landlords and tenants should use this standard agreement.

Every tenancy agreement must contain the standard terms that cannot be changed or removed, and certain terms must not be included in an agreement.

Download the standard residential tenancy agreement 

Reletting a home during an exclusion period 

A reletting exclusion period is a set amount of time when a landlord is not allowed to enter into a new tenancy agreement after ending a previous agreement.

Reletting exclusion periods apply to properties where the landlord has ended a tenancy because they’ve said they will need the property back because it will be used for something other than a rental home. For example, if the landlord will live in the property. 

If a landlord has a change of circumstances beyond their control, they can apply to NSW Fair Trading to be able to rent the property out again during the reletting exclusion period. They must complete the Reletting application form.

Learn more about reletting exclusion periods when a landlord ends a tenancy.