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Renting out your home, apartment, or holiday property on Airbnb, Stayz, or directly to guests in Australia is big business — but it comes with real legal risks. The single most important thing most short-term hosts get wrong is assuming they're protected by residential tenancy laws. They're not. Short-term holiday lets in Australia are not covered by the Residential Tenancies Act in any state or territory. That means no statutory tenant protections apply, but it also means hosts have far more flexibility — if they use the right agreement. A properly drafted Short-Term Rental Agreement protects both parties. For hosts, it establishes the house rules as legally binding contractual terms, sets out the security bond and damage recovery process, and makes clear that guests have no security of tenure beyond the agreed stay. For guests, it confirms the check-in details, total costs, and their rights under the Australian Consumer Law (which cannot be excluded regardless of what the agreement says). This template covers the key provisions unique to Australian short-term letting: the distinction from residential tenancy, GST obligations (if the host is registered), local council noise and planning obligations, maximum occupancy rules, key handover methods, and platform-specific cancellation policies. Download as PDF or Word.

What Is a Short-Term Rental Agreement (Australia)?

A Short-Term Rental Agreement is a written contract between a host and a guest for the temporary use of residential property for holiday or short-stay accommodation purposes. In Australia, this type of agreement is fundamentally different from a standard residential lease — it is a licence to occupy rather than a tenancy, meaning the guest does not acquire the rights and protections that the Residential Tenancies Act provides to long-term tenants.

This distinction matters enormously in practice. Because the arrangement sits outside tenancy law, neither the host nor the guest has access to the residential tenancy tribunal processes in their state (such as NCAT in New South Wales, VCAT in Victoria, or QCAT in Queensland) for most disputes. Disputes are instead resolved through ordinary court processes, small claims tribunals, or through the dispute resolution mechanism of the booking platform used.

A well-drafted Short-Term Rental Agreement sets out the precise terms of the stay: the property address, the check-in and check-out dates and times, the nightly rate, any cleaning fee, the security bond amount and the grounds on which it can be withheld, the maximum number of guests, and the house rules that apply during the stay. It also addresses what happens when things go wrong — through clear cancellation policies and termination rights.

For hosts using platforms such as Airbnb or Stayz, a separate agreement supplements (but does not replace) the platform's terms of service. It is particularly valuable for direct bookings where no platform terms apply at all.

When Do You Need a Short-Term Rental Agreement (Australia)?

Every short-term holiday rental in Australia should be underpinned by a written agreement — whether the property is listed on Airbnb, Stayz, Booking.com, or let directly. The agreement is most critical in these situations.

Direct bookings bypass platform protection entirely. When a guest books directly — via social media, word of mouth, or a direct reservation website — there is no platform resolution centre to turn to if a dispute arises. A signed agreement becomes the only documentary evidence of the agreed terms.

For high-value properties, a detailed written agreement is essential. Damage to a luxury beach house, a property with an expensive pool or spa, or a home filled with artworks and designer furnishings can result in claims well above what any platform's host guarantee covers. The agreement establishes the basis for retaining the security bond and supports any insurance claim.

For properties in strata buildings or managed communities, the agreement should incorporate the applicable by-laws or strata rules as binding terms — making it clear that any breach of strata by-laws is a breach of the rental agreement itself.

Long stays also warrant a more detailed agreement. A guest staying for 28 days or more may, in some states, begin to attract residential tenancy protections if the arrangement is not clearly characterised as a holiday let. A properly drafted agreement prevents ambiguity about the nature of the arrangement.

What to Include in Your Short-Term Rental Agreement (Australia)

The most important elements of an Australian Short-Term Rental Agreement are the ones that clearly distinguish the arrangement from a residential tenancy and protect both parties against the most common causes of disputes.

Party identification: The agreement must identify the host and the lead guest clearly, including full legal names and contact details. The lead guest accepts personal responsibility for the conduct of all guests and visitors during the stay.

Property details and occupancy limits: The full address of the property, a brief description of what is included, the maximum number of guests, and the access method (lockbox, smart lock, in-person key handover) must all be precisely stated.

Fee structure: The nightly rate, total accommodation fee, cleaning fee (non-refundable), and security bond (refundable, subject to conditions) should each be separately stated. Bundling these into a single figure creates disputes.

House rules: The agreement should incorporate specific, enforceable house rules — not generic platform boilerplate. Rules on noise (with specific quiet hours aligned to local council requirements), smoking, pets, parties, parking, pool or spa use, and waste management are all appropriate.

Cancellation policy: A clearly stated cancellation policy — whether flexible, moderate, strict, or non-refundable — removes ambiguity. If the booking was made through a platform, the platform's cancellation policy applies.

Security bond process: The agreement should specify the timeline for returning the security bond after check-out (typically 7 days), and the circumstances in which deductions will be made — with the requirement that deductions be evidenced by photos and receipts.

Governing law and the Australian Consumer Law: The agreement should acknowledge that the Australian Consumer Law applies and cannot be excluded, while making clear that residential tenancy law does not.

Frequently Asked Questions

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Short-Term Holiday Rental Agreement (Australia)

A Short-Term Holiday Rental Agreement is the legal contract used in Australia for the letting of a furnished residential property for a short holiday period, typically less than three months. This type of agreement is fundamentally different from a standard residential tenancy agreement — it is a licence to use the property for holiday purposes, not a grant of exclusive possession as a home. This distinction is legally significant because genuine holiday lettings are generally excluded from the consumer protection provisions of the residential tenancies legislation in all Australian states and territories. In New South Wales, the key exclusion is found in section 8(1)(b) of the Residential Tenancies Act 2010 (NSW), which provides that the Act does not apply to a tenancy under an agreement for the use of premises for a holiday. A similar exclusion applies under the Residential Tenancies Act 1997 (VIC) and corresponding legislation in other states. The effect of this exclusion is that holiday rental guests do not have the same rights as residential tenants — they cannot seek orders from the tenancy tribunal regarding rent, bond claims, or repairs in the same way that residential tenants can, and the host is not bound by the minimum standards applicable to residential landlords under the Residential Tenancies Acts. The regulation of short-term rental accommodation has changed significantly in recent years in response to the rapid growth of online booking platforms such as Airbnb, Stayz, and VRBO. New South Wales introduced the Short-term Rental Accommodation Code of Conduct 2021 (the NSW STRA Code), which commenced on 1 November 2021. The NSW STRA Code is mandatory and applies to all short-term rental accommodation in NSW with a rental period of less than 90 consecutive days. The Code creates obligations for both hosts and guests and establishes an Exclusions Register maintained by the NSW Department of Fair Trading. Hosts who engage in serious or repeated breaches of the Code may be listed on the Register and banned from hosting short-term rental guests. Guests who engage in serious breaches — such as causing significant damage, holding prohibited events, or seriously disturbing neighbours — may similarly be listed and prevented from making future short-term rental bookings. In addition to the NSW STRA Code, short-term rental accommodation in New South Wales is now regulated by state environmental planning policies that place limits on the number of days per year that a dwelling that is not the host's principal place of residence can be used for short-term rental. These day limits vary by local government area. In Greater Sydney (excluding the City of Sydney local government area), the cap is 180 days per year. The City of Sydney has implemented a 90-day cap. Rural and regional councils may impose their own caps or require development consent for short-term rental use. In Victoria, the government introduced registration requirements for short-term rental accommodation properties from January 2023. All short-term rental accommodation properties in Victoria must be registered with the Victorian Government's STRA Register. Victoria also introduced a Short Stay Levy (a tax of 7.5% of revenue from short-stay accommodation bookings), which came into effect on 1 January 2025 under the Short Stay Levy Act 2024 (VIC). In Queensland, short-term rental accommodation is regulated primarily at the local government level, with councils having the power to require development approval for certain types of short-term rental use. In Western Australia, the Tourism WA Act 1983 requires operators of paid accommodation for more than a prescribed number of guests to be registered with Tourism WA. A well-drafted short-term holiday rental agreement must address the core commercial terms — the rental period, the nightly rate, the security bond, the booking deposit, and the cancellation policy — as well as the specific house rules and conditions that apply to the property. The maximum occupancy limit is particularly important because exceeding the permitted occupancy can breach local council regulations and strata by-laws, and can expose the host to significant liability. The agreement should also clearly set out the host's obligations to provide the property in a clean and safe condition, and the guest's obligations to care for the property and return it in the same condition at the end of the rental period. This template is suitable for private hosts, Airbnb-style operators, and professional holiday letting managers who want to document the terms of a short-term rental of a furnished residential property in any Australian state or territory. Hosts operating in New South Wales should ensure they are compliant with the NSW STRA Code and any applicable local government restrictions on short-term rental use before letting their property.

Commercial Lease Agreement (Australia)

Create a comprehensive Australian Commercial Lease Agreement covering permitted use, rent and GST, CPI and market rent reviews, outgoings, bank guarantee, make good obligations, assignment conditions, insurance requirements, and option to renew. Compliant with state-specific Retail Leases Acts (NSW, VIC, QLD, WA, SA) and the GST Act 1999.

Property Condition Report (Australia)

A Property Condition Report is the legally required document that records the state of a rental property at the start and end of a residential tenancy in Australia. It serves as the primary reference point for determining whether any damage has occurred during the tenancy beyond fair wear and tear, and is therefore the critical document in any dispute about bond deductions. Every residential landlord in Australia is legally required to prepare and provide a condition report to the tenant at the commencement of each tenancy, and a comparable outgoing inspection is conducted at the end of the tenancy to compare the property's condition. The legal requirement to prepare and provide a property condition report to the tenant is set out in section 29 of the Residential Tenancies Act 2010 (NSW). Under this provision, a landlord must give the tenant a written condition report documenting the state of repair and general condition of the premises before or at the time the tenant is given access to the premises. The tenant then has three business days (in New South Wales) to review the report, make any comments or amendments, and return a signed copy to the landlord. The landlord must retain a signed copy of the ingoing condition report for the duration of the tenancy. In Victoria, the equivalent obligation is found in section 35 of the Residential Tenancies Act 1997 (VIC), which requires the landlord to give the tenant a condition report at the commencement of the tenancy. Victoria has specific prescribed forms for condition reports that are available from Consumer Affairs Victoria, and the form requires detailed room-by-room assessments. In Queensland, section 65 of the Residential Tenancies and Rooming Accommodation Act 2008 (QLD) requires the lessor to give the tenant a general condition report and a pool condition report (if applicable) at the commencement of the tenancy. The RTA in Queensland provides standard forms for this purpose. The bond is directly linked to the condition report. At the commencement of the tenancy, the landlord collects a security bond (capped at four weeks' rent in most Australian states) and must lodge it with the relevant state bond authority: NSW Fair Trading in New South Wales, the Residential Tenancies Bond Authority (RTBA) in Victoria, and the Residential Tenancies Authority (RTA) in Queensland. The bond is held by the authority on trust for both the landlord and the tenant, and can only be released with either the written consent of both parties or an order of the applicable tenancy tribunal. At the end of the tenancy, the landlord or agent conducts an outgoing inspection and compares the current condition of the property against the ingoing condition report. Any deterioration in condition that goes beyond fair wear and tear is the tenant's responsibility and may be claimed against the bond. Fair wear and tear refers to the normal deterioration of a property resulting from ordinary use — scuffs on walls from furniture, minor carpet flattening, and faded paintwork are typical examples of fair wear and tear that cannot be charged to the tenant. Damage caused by the tenant or their guests — such as holes in walls, burns, broken fixtures, or staining caused by neglect — can be claimed against the bond. The condition report is the single most important document in resolving bond disputes. If the landlord claims a bond deduction for damage, and the tenant disputes that the damage was present at the end of the tenancy, the tenancy tribunal will compare the ingoing condition report against the outgoing report. If the ingoing report recorded the item as being in good condition and the outgoing report documents damage, the evidence supports the landlord's claim. If the ingoing report was poorly completed, failed to record the initial condition of the item, or cannot be found, the tribunal may reject the landlord's bond claim on the basis that the landlord cannot prove the damage did not exist at the start of the tenancy. For property managers, completing a thorough and accurate ingoing condition report is one of the most important services they provide to the landlord. Photographs taken at the commencement of the tenancy (and cross-referenced against the condition report) significantly strengthen the landlord's position in the event of a bond dispute. In New South Wales, photographs are now required to be provided to the tenant as part of the condition report under the Residential Tenancies Regulation 2019 (NSW). This template is designed for use by landlords, property managers, and tenants in any Australian state or territory. It covers all major areas of a residential property including entry, hallway, living and dining rooms, kitchen, laundry, bedrooms, bathrooms, and external areas, and provides fields for recording the condition of each area with supporting notes. It also includes a bond lodgement reminder section to assist both landlords and tenants in understanding their rights and obligations in relation to the bond.

Property Management Agreement (Australia)

A Property Management Agreement is the legal contract between a residential property owner (landlord) and a licensed real estate agent or property management company that authorises the agent to let and manage the owner's rental property on their behalf. In Australia, real estate agents who manage rental properties must hold a current real estate agent's licence issued by the state or territory licensing authority. Unlicensed property management is prohibited in all Australian states and territories. In New South Wales, the regulation of real estate agents and property managers is governed primarily by the Property and Stock Agents Act 2002 (NSW) (the PSA Act) and the Property and Stock Agents Regulation 2022 (NSW). The PSA Act requires that any person who carries on the business of a real estate agent or who acts as a real estate agent must hold a licence issued by NSW Fair Trading. Licensed agents must be covered by professional indemnity insurance, must maintain a statutory trust account for all money held on behalf of clients, and must comply with the mandatory obligations set out in the PSA Act, including rules about the maximum fees chargeable and the format of agency agreements. In Victoria, real estate agents and property managers are regulated by the Estate Agents Act 1980 (VIC) and the Estate Agents (General, Accounts and Audit) Regulations 2018 (VIC). Consumer Affairs Victoria administers the licensing regime. Victoria requires a separate agents' representative certificate for employees who carry out real estate functions under the supervision of a licensed estate agent. All rental trust money must be held in a dedicated trust account that is audited annually. In Queensland, real estate agents are regulated by the Property Occupations Act 2014 (QLD) and the Property Occupations Regulation 2014 (QLD), administered by the Office of Fair Trading. A similar licensing regime applies in Western Australia under the Real Estate and Business Agents Act 1978 (WA) and in South Australia under the Land Agents Act 1994 (SA). A key obligation under Australian property agent licensing legislation is the requirement that agents maintain all client money in a dedicated trust account held with an approved financial institution. Agents must not mix client funds with the agency's own funds, and must account to the owner for all money received and disbursed. Monthly rental statements must detail all receipts, disbursements, fees, and charges. In most states, trust accounts are subject to annual external audit requirements. The management fee is the principal ongoing charge under a property management agreement. In Australia, management fees are typically charged as a percentage of gross rent collected each month, rather than a flat fee. Market rates vary by state and property type, but are commonly in the range of 7% to 12% of gross rent collected plus GST in most Australian capital cities. In addition to the ongoing management fee, agents typically charge a letting fee (also called a tenanting fee) for finding and placing a new tenant, which is commonly set at one to two weeks' rent plus GST. The management agreement must also set out the scope of the agent's authority regarding maintenance and repairs. In most states, the applicable Residential Tenancies Act requires the landlord to maintain the property in a reasonable state of repair, and the agent acts as the landlord's authorised representative in coordinating repairs with tradespeople. To protect the owner from unauthorised expenditure, the agreement should set a maintenance authorisation limit — the maximum amount the agent can spend on a single repair without the owner's prior written approval — with a carve-out for urgent and emergency repairs required to preserve the safety of tenants or prevent serious damage to the property. The agent is also responsible for managing the bond. In New South Wales, bonds must be lodged with NSW Fair Trading within ten days of receipt. In Victoria, bonds must be lodged with the Residential Tenancies Bond Authority (RTBA) within ten business days. In Queensland, bonds are lodged with the Residential Tenancies Authority (RTA). The agent holds the bond in trust and is responsible for claiming against the bond (with the tenant's consent or a tribunal order) at the end of the tenancy for unpaid rent or damage beyond fair wear and tear. This template is designed for the management of residential rental property in any Australian state or territory. Both the owner and agent should carefully negotiate and document the fee structure, the scope of the agent's authority, and the termination provisions before signing. The agreement should be reviewed by a solicitor familiar with the applicable state legislation to ensure compliance with any mandatory terms imposed by the PSA Act (NSW) or equivalent state legislation.

Room Rental Agreement (Australia)

A Room Rental Agreement is a written agreement between a head-tenant (the person who holds the principal tenancy agreement with the landlord) and a sub-tenant (the person who rents a specific room in the shared dwelling from the head-tenant). This type of arrangement is common in shared houses and apartments throughout Australia, and the legal framework that governs it varies between states and territories. In New South Wales, the relationship between a head-tenant and a sub-tenant is governed by the Residential Tenancies Act 2010 (NSW). Under this Act, a head-tenant who wishes to sub-let part of a premises to a sub-tenant generally requires the written consent of the landlord before doing so. A sub-tenant who occupies a room in a shared dwelling has similar rights and obligations to any other residential tenant, including protections against unlawful eviction, the right to have the bond lodged with the relevant state authority, and access to the NSW Civil and Administrative Tribunal (NCAT) to resolve disputes. In Victoria, the Residential Tenancies Act 1997 (Vic) governs the relationship between head-tenants and sub-tenants. A head-tenant must obtain the written consent of the landlord before sub-letting part of the premises, unless the tenancy agreement expressly permits sub-letting. Victoria's legislation provides sub-tenants with significant protections, including notice requirements, access to VCAT, and the right to have the bond lodged or held in accordance with the Act. In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) creates a specific framework for rooming accommodation, which applies where a person rents a room in a shared house where the owner or head-tenant also resides or where there are multiple occupants renting separate rooms. Under the Queensland framework, a rooming accommodation manager has specific obligations including providing a written rooming accommodation agreement, completing an entry condition report, lodging the bond with the Residential Tenancies Authority (RTA), and complying with prescribed notice periods. In New South Wales, the Boarding Houses Act 2012 (NSW) creates additional obligations for operators of registrable boarding houses (those with five or more residents who are not related to the proprietor). Operators of registrable boarding houses are required to register with NSW Fair Trading, comply with the Boarding Houses Act, and provide residents with an occupation agreement. A well-drafted Room Rental Agreement should clearly identify the head-tenant and sub-tenant, describe the specific room being rented on an exclusive basis and the shared areas available to the sub-tenant, set out the rent and bond payable, specify the term of the arrangement (whether fixed-term or periodic), address utilities and shared costs, include any agreed house rules, and specify the notice period required to terminate the arrangement. The room rental agreement also provides an important record of the arrangement in the event of a dispute. Without a written agreement, there can be significant uncertainty about the terms of the arrangement — including the rent payable, the notice period, and the conditions of the bond — which may make it more difficult to resolve any disputes through the relevant tribunal. Both head-tenants and sub-tenants should be aware that the residential tenancy legislation provides a minimum floor of rights and protections that cannot be contracted out of. A room rental agreement cannot reduce a sub-tenant's rights below those guaranteed by the applicable Act. Either party should seek advice from their state's tenancy advisory service, community legal centre, or a solicitor if they are uncertain about their rights and obligations.