How and when to pay rent

Payment of rent by a tenant

Tenants are responsible for paying the rent on time and continuing to pay the rent until the tenancy ends.

Your residential tenancy agreement sets out how much rent you need to pay, how often and for how long. You need to pay rent on or before the day set out in the agreement. Payments might be required weekly, fortnightly or monthly.

How and when to pay

The landlord or agent must offer you at least one way to pay the rent:

• that is reasonably available, and
• where you will not have to pay any extra costs (this does not include your bank account management fees).

Your landlord or agent:

• can ask you to pay rent up to 2 weeks in advance, but no more.
• cannot ask for further rent payments until the end of the period for which rent has already been paid.

You need to: 

• pay rent on or before the day set out in the agreement. Payments might be required weekly, monthly or fortnightly.

Learn more about paying rent in advance.

How to keep track of your rent

It’s a good idea for you to keep receipts or records of rent payments.

Your landlord or agent must give you a receipt for each rent payment unless you pay the rent into a nominated bank account. If you pay rent into a nominated bank account, the transactions are considered your record of payment and the landlord is not required to provide separate receipts.

If you pay rent by cheque, you can ask for the receipts to be sent to your nominated email address. If you pay rent in person (other than by cheque), the person who receives the payment must give you a receipt at that time.

Landlords or agents must also keep a record of your rent payments. You can ask for a copy of your rent record at any time, in writing. Your landlord has 7 days to provide the record after they get your written request.

What if you cannot pay the rent?

If you are considering not paying your rent because:

• You are unhappy with something in your tenancy (for example, if the landlord or agent are not getting repairs done) it is very important you do not stop paying rent. See the 'If you do not pay the rent' section below.
• The cost of your rent is being increased, visit 'Tenants and rent increases' for more information on your landlord's obligations and your rights.
• Due to hardship, see the 'If you cannot pay your rent due to hardship' section below.

If you need more help, get in touch with NSW Fair Trading for assistance. The Tenants’ Union of NSW provides legal advice, assistance, and information to tenants.

If you cannot pay your rent due to hardship

If you are experiencing hardship and are struggling to pay rent, you should tell your landlord or agent as soon as possible. That way both parties can try to negotiate a repayment plan. The agreed repayment plan should be made in writing and signed by both parties to reduce misunderstandings or disputes over what was agreed.

There are additional resources available to help you if you are experiencing hardship.

If you do not pay the rent

Not paying the rent, or being behind in rent payments is a breach of the rental tenancy agreement. If you are 14 days late with your rent, the landlord can give you a termination notice. This could also make it harder for you to rent another property in the future.

Unless you are frequently late with rent and/or water usage or other charges, there is a general guarantee your tenancy cannot be terminated if you pay the outstanding amount or you are following a repayment plan agreed with your landlord.

If you have already paid your rent arrears but have received a termination notice or the Tribunal has terminated your agreement for rent arrears, then this usually means you do not have to leave.

Your landlord cannot list you on a tenancy database just for falling behind on a rent payment, but there are other related circumstances where they might. Find out when landlords can list you on a tenancy database.

If you are frequently late paying your rent

If you're frequently late paying your rent (and/or water usage charges), your landlord can apply to the Tribunal to make an order that your tenancy should end and apply for orders for any outstanding rent or other costs.