Renting in strata
A quick guide for people renting in strata.
Key information
- Tenants in strata property, like apartments or townhouses, need to follow rules (called by-laws) which apply to all residents.
- Tenants also have to comply with their tenancy agreement.
- Your real estate agent is your point of contact in most cases.
- If you want to keep a pet, you need the landlord’s permission before approaching the strata manager.
- Tenants have rights under the strata laws, like being able to attend some meetings – but there are conditions.
What is strata?
Strata properties are different to a typical freestanding property.
The building or group of buildings in the complex are called a strata scheme. The scheme is divided into 'lots' such as an apartment, townhouse or villa.
There are different sets of rules to be aware of when you rent in strata, including:
- Residential tenancy laws. Read your tenancy agreement and our Renting a place to live information. This information also includes translated fact sheets on what to know before you start renting.
- Laws that apply to the strata scheme. An example is by-laws that apply to people living in the strata scheme. Each scheme can have their own by-laws, which may impact the lifestyle in that strata complex.
Rules in strata properties
What are the rules for the strata complex?
Rules for the strata complex are called by-laws. By-laws must be followed by all residents living in a strata scheme, including tenants. They can affect parking, pets, noise and more.
For example, there may be a by-law which doesn’t let you smoke on your balcony if the smoke enters another lot (for example, your neighbour’s balcony area) or the common property.
How do I find out about the by-laws?
If you are a tenant planning to rent a property in a strata scheme, your landlord or their real estate agent must give you a copy of the scheme’s by-laws before you sign the tenancy agreement.
If the landlord/agent has not provided you with a copy of the by-laws, you should request that they provide you with a copy. If the landlord/agent still does not provide a copy of the by-laws, you can contact Fair Trading for assistance.
In the meantime you could also ask the strata manager for a copy.
What happens if I break the by-laws?
If you break the by-laws, fines can apply.
You must first receive a formal notice from the owners corporation or strata manager to comply with the by-law, before you can be fined.
If the issue is not resolved, it may be taken to the NSW Civil and Administrative Tribunal (NCAT) who can impose a fine.
What if others are breaching the by-laws?
If you are having issues with another resident who is breaching the by-laws, first try having a conversation with them.
If this doesn’t resolve the issue, a tenant or landlord can ask the real estate agent to contact the owners corporation to take further action on the breach.
An example of a by-law breach would be if another resident keeps parking in your designated car space. If this keeps happening even after you’ve explained it’s your parking space and asked them not to, get in touch with your real estate agent.
Learn more about strata by-laws.
Who pays a fine for a by-law breach?
If the tenant is responsible for a breach the tenant will have to pay the fine.
To impose a fine, the person responsible for the breach must first be taken to NCAT. Only NCAT can issue fines.
The landlord is not responsible for paying a fine that is due to a tenant’s by-law breach.
For example, if a tenant continues to misuse visitor parking spaces and this is not resolved by a conversation or after formal notice from the owners corporation, the issue may be taken to NCAT to impose a fine.
Do renters pay strata fees?
No. Owners of strata properties pay fees towards the maintenance and running of the strata complex. You don’t pay strata fees if you are renting in a strata complex – your landlord pays these instead as a property owner.
Read your tenancy agreement to check what you are responsible for maintaining in the property you rent or want to rent.
Do tenants and landlords get access to shared facilities?
You have the right to use shared facilities when you rent the property. If there are keys or access passes, you will receive these together with the keys for your rental property when the tenancy starts.
Read the by-laws to check on rules for the shared facilities. For example, the earliest and latest times of day that you can use the pool or gym.
The strata scheme’s by-laws will specify information about use of the shared facilities. These are normally reserved for occupants (owner-occupiers and tenants in the strata scheme) and their visitors under certain conditions - not landlords. Check the strata scheme’s by-laws to be sure!
Can a landlord lease their property for short-term stays?
There are rules around short term accommodation in strata schemes. If you are a landlord who wants to lease your strata-titled property for short-term stays, refer to our Short-term rental accommodation information on the NSW Fair Trading website.
You should also check the by-laws for your strata property.
Pets
Are pets allowed in strata?
If you are a tenant, your landlord decides if you are allowed to keep a pet in the rental property. You need to put a request in to the landlord for permission
If your landlord allows you to keep a pet, you need to:
- follow the strata scheme’s process for keeping a pet. This may include writing to the secretary or strata manager to provide certain information
- be aware of any specific by-laws about pets in your scheme.
A strata scheme cannot prevent you from keeping a pet unless the pet unreasonably interferes with another occupant’s enjoyment of their lot or the common property. For example, if the pet attacks another resident or their pet.
For more information about keeping a pet, read the Tenants keeping a pet in a rental property page.
Repairs and maintenance
How do I get repairs get done?
If you are a tenant, contact your real estate agent or landlord to notify them of a repair needed. Be aware of the process for requesting repairs in a residential tenancy, and which types are urgent repairs.
Sometimes, a common property problem will be the cause, like a leak from a neighbour's apartment. If the issue is related to common property, your real estate agent or landlord will need to contact the strata manager or secretary of the strata scheme.
You can learn more on our Strata repairs and maintenance page. This includes information to help you work out whether an owner or the owners corporation (strata scheme) is responsible for doing the repairs.
Can I make changes to the strata property I am renting?
If you’re a tenant, you should ask your landlord for permission before you make any changes to the property. The landlord can’t unreasonably reject requests for minor changes.
Start with our Making changes to a rental property information for what you need to know.
If the landlord agrees to a proposed renovation, they must follow the strata renovation approval process that may apply. This will depend on the type of renovation.
I am applying to rent in a strata complex. How can I get information about the upkeep of the complex I want to live in?
You can ask the real estate agent any questions you have about strata maintenance, who may need to consult the property owner or strata manager to answer your question.
If you are applying to rent in a strata complex, you can get an idea of maintenance in the strata complex by talking with other residents.
You can ask about regular maintenance (for example, whether there are regular services, like pool cleaning and gardening). Take a look around the property before or after your inspection to gain an impression of how well maintained the property is.
Issues and complaints
How do I raise an issue?
Depending on the issue you want to raise, you generally need to contact your real estate agent or landlord first. They can seek to resolve the issue by writing to the secretary or strata manager of the scheme. They may also be able to deal with the issue or problem directly if it concerns your rental property (as opposed to the common property).
Alternatively, if it is an issue that others may be experiencing, try speaking with your neighbours. One of them may raise the issue instead.
It might also help to ask around to find out who is on the strata committee so you can raise the issue with a strata committee member. Be aware that they are volunteers, so it will help to raise the issue in a friendly way and provide information that could help address it.
You can also consult our Strata living guide for a handy process chart about how to raise an issue. You’ll find it towards the back of the guide.
Some strata complexes may have a group messaging app for informal updates and discussion with residents. This can help with day-to-day information or with raising issues informally. Find out if your strata scheme has one by asking your neighbours.
What if I have a complaint?
If the issue is with another resident or owner in your strata complex, refer to our strata disputes page. The disputes page gives examples of common issues, and how to talk it out.
If the issue is with your landlord or real estate agent, try taking these steps.
- Carefully read the terms of your tenancy agreement.
- Talk through the issues with the parties involved.
- Put in writing any agreement that you reach on how to resolve the issue.
If you can’t resolve the problem, NSW Fair Trading has a free tenancy and real estate complaint service. This is for tenants, residents, landlords and agents. It provides help with real estate and property-related matters or disputes.
Examples of residential tenancy disputes Fair Trading can help with include:
- tenants illegally locked out of their tenancy
a landlord seeking advice on getting access to the property they are leasing in order to have a repair done.
Can I attend strata meetings?
Owners corporation meetings
Before a meeting of the owners corporation, the secretary or strata committee must tell every owner and tenant that a meeting will happen.
As a tenant, you can attend owners corporation meetings to help you find out what is happening in your scheme.
However, you cannot:
- vote (unless you hold a valid proxy for someone who can vote)
- address the meeting, unless the owners corporation has passed a resolution allowing this. You may also be asked to leave when financial matters are discussed.
Committee meetings
Strata committee meeting are separate to owners corporation meetings. As a tenant, you cannot attend strata committee meetings, unless you are elected as a tenant representative under the strata by-laws. The strata committee is a smaller group elected by the owners corporation, which makes day-to-day decisions.
Certain strata schemes can elect a tenant representative who can be on the strata committee but has very limited rights. Refer to our Strata meetings information.