Section 28 of the Residential Tenancy Act 1997 Tasmania: Bond Claims Explained

The Three-Day Window That Decides Everything

Section 28 of the Residential Tenancy Act 1997 is the provision that catches more Tasmanian landlords off guard than any other. It sets the timeline for claiming against a rental bond after the tenant returns the keys — and that timeline is measured in working days, not calendar weeks.

Under Section 28, an owner who wants to claim any part of the bond must start a claim in MyBond within three working days after receiving the keys, or give the tenant written notice explaining why the claim is delayed. Working days exclude Saturdays, Sundays, and Tasmanian public holidays, so keys returned on a Friday afternoon give you until the following Wednesday, unless a public holiday intervenes.

If you neither start a claim nor explain the delay within that window, control of the process shifts to the tenant. After the three days pass, the tenant can submit a full refund claim through MyBond, and you are left responding to their claim rather than driving your own.

How the Claim Timeline Unfolds

The clock starts when the tenant returns the keys. Here is the full sequence:

1. Day of vacancy — the tenant hands back the keys, you conduct the exit inspection (comparing against the entry condition report), and the tenancy is formally over.
2. Within 3 working days — start a bond claim through MyBond, or give the tenant written notice explaining a delay. A claim specifies the amount you want to retain and the reasons (unpaid rent, damage beyond fair wear and tear, cleaning costs).
3. Tenant response — after the RDA sends formal notice of the claim, the tenant has 10 days to approve it or dispute it through the portal.
4. If the tenant disputes — the claim goes to the Residential Tenancy Commissioner for a paper-based determination under Division 3 of the Act. The Commissioner reviews written evidence only: condition reports, photographs, invoices, and depreciation calculations.
5. If the tenant consents — the Rental Deposit Authority disburses the bond according to the agreed split within three to five banking days.

What Happens If You Miss the Deadline

Section 28 does not technically void your right to claim, but it hands the initiative to the tenant. After the three-day window closes, the tenant can lodge a full refund claim at any time. Once they do, the landlord has 14 days to file a formal dispute — and the burden of proof sits entirely with the owner.

In practice, landlords who miss the Section 28 window and then dispute a tenant's refund claim face a harder road before the Commissioner. The delay itself becomes part of the evidence: if the damage was serious enough to warrant a deduction, why did the landlord not claim within the statutory timeframe?

The Rest of the RTA That Matters for Bonds

Section 28 sits within a broader framework of bond-related provisions in the Act. The ones that interact directly with your claim process:

• Section 25 — caps the bond at four weeks' rent. Agents have 10 working days to lodge; private landlords who receive bond funds directly should lodge immediately, within the two-to-three business-day operational window.
• Section 26 — requires a condition report at the start of the tenancy. Without one, you lack the statutory baseline record for a damage claim, making it much harder to prove that damage occurred during the tenancy.
• Section 29D — gives deposit contributors (Anglicare, Loreto, Homes Tasmania programs) independent rights to participate in bond claims. If a third party paid the bond, they receive notification of your Section 28 claim.
• Section 48J — the appeals provision. If the Residential Tenancy Commissioner's determination goes against you, you have seven days to appeal to the Magistrates Court of Tasmania (Civil Division) for a full rehearing.

How to Protect the Three-Day Window

The landlords who lose Section 28 claims are almost always the ones who were not ready for the exit. The condition report was incomplete, the photos were taken on the wrong day, or the MyBond claim was started but not submitted before the deadline.

Three things make the difference:

1. Schedule the exit inspection for the day keys are returned. Do not wait until the weekend to walk the property.
2. Complete the condition report comparison the same day. Photograph every room against the entry report, note discrepancies, and calculate any deduction amounts using ATO depreciation schedules for aged items.
3. Submit the MyBond claim that evening or the next morning. Three working days sounds comfortable until a public holiday shortens it to two.

Our Tasmania Rental Bond Guide walks through the entire Section 28 claim process with a day-by-day timeline, evidence checklists, and a MyBond submission walkthrough designed to keep you inside the three-day window.

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