SquareLeaseSquareLease
HomeGuidesBond & MoneyRent in advance — limits and rules

Rent in advance — limits and rules

How much rent in advance can a landlord legally request? What happens when you overpay? The rules on rent in advance by state, and how they interact with bond.

5 min readUpdated January 2026
NSW
VIC
QLD
WA
SA
ACT
TAS
NT

What is rent in advance?

Rent in advance is an upfront payment of rent collected before you occupy the property. It is different from bond — it is credited as actual rent and reduces your future rent obligation. Landlords often request two weeks' rent in advance at the start of a tenancy alongside the bond.

Maximum rent in advance by state

Australian tenancy laws cap the amount of rent in advance a landlord can demand:

A landlord asking for more rent in advance than the legal maximum is breaching the law. If this happened to you, contact your state tenancy authority — you may be entitled to a refund of the excess.

StateMaximum Rent in AdvanceNotes
NSW2 weeksCannot request more than 2 weeks for periodic or fixed-term leases
VIC1 monthCannot request more than 1 month's rent in advance
QLD2 weeksLimit is 2 weeks rent in advance (from 2023 reforms)
WA2 weeks (periodic) / 1 month (fixed)Varies by tenancy type
SA2 weeksCannot require more than 2 weeks at commencement
ACT2 weeksMaximum 2 weeks at start of tenancy
TAS1 monthMaximum 1 month in advance
NT1 monthMaximum 1 month in advance

How rent in advance interacts with your rent due date

If you pay two weeks' rent in advance at the start, those two weeks are credited against your first (and possibly second) rental payment. Your rent is not due again until those weeks have passed. Keep your receipt and track where you are in the rental schedule — disputes sometimes arise when landlords forget that the advance was already paid.

Rent in advance is NOT bond

Rent in advance is not held in trust and is not returned to you at the end of the tenancy — it was spent as rent. Bond is held separately by the state authority and returned (minus legitimate deductions) after the tenancy. The two are completely separate. Never let a landlord blur the two or redirect what was meant to be bond into rent.

What if you overpay?

If you pay rent ahead of schedule (for example, by paying weekly when your rent is calculated monthly and ending mid-cycle), any prepaid rent must be refunded to you. Ask for a formal accounting of your rent payments and any balance owed. If the landlord refuses, apply to your state tribunal for a repayment order.

This guide provides general information based on current Australian tenancy legislation. It is not legal advice. Always verify with the relevant state tenancy authority or a qualified professional for your specific situation. Last verified: January 2026.

Tenancy law changes constantly.

Get one email a month: new tribunal decisions, rent increase rule changes, what's coming in your state. Free, unsubscribe any time.