Renting out your strata unit: owner obligations

Section 258 tenancy notice: within 14 days of the lease starting, naming the tenant, an address for service, the start date and the agent.
If the landlord or agent does not give it, the tenant may. Fines of $110 (individuals) or $220 (corporations) can apply.
Give tenants the by-laws before the lease is signed, and any strata management statement within 14 days.
A by-law can ban short-term rentals only in lots that are not the host's principal place of residence; registered hosts must follow the code of conduct.
Owners corporations can set an occupancy limit of two adults per bedroom by by-law.

Do I need to tell the owners corporation I have a tenant?

Yes. Section 258 of the Strata Schemes Management Act 2015 (NSW) says that if a lot is leased, the "relevant person" must give notice to the owners corporation no later than 14 days after the lease starts. The relevant person is the real estate agent if one manages the lease, otherwise the landlord. The notice must be in writing and include:

the tenant's name and an address for service (an email address is fine)
the date the lease started
the name of the managing real estate agent, if any

The same applies within 14 days if a lease is assigned. If the landlord or agent fails to give notice, the tenant may give it. NSW Fair Trading lists on-the-spot fines of $110 for individuals and $220 for corporations, and a court-imposed maximum of $550 (NSW Government – Record keeping requirements). The details go on the strata roll, which is how tenants receive meeting notices.

What must I give my tenant?

Your agent or you must give the tenant a copy of the by-laws before they sign the lease. In a mixed-use building, the tenant must also receive the strata management statement within 14 days of signing. When by-laws change, the tenant must get a new copy within 14 days of the change starting (NSW Government – Strata by-laws).

Tenants must follow the by-laws, and the owners corporation can issue a notice to comply to an occupier, not only to the owner. Breaches by your tenant can still cause problems for you, so brief your agent on the scheme's rules about pets, parking, noise, rubbish and moving.

Can my tenant keep a pet?

A tenant needs your consent as landlord to keep a pet, and must also follow the scheme's pet by-law (usually written notice or approval). Under NSW tenancy rules, a landlord can only refuse a pet request on certain grounds and must reply in writing within 21 days, or the request is taken to be approved (NSW Government – Pets in strata). A tenant needs the owner's consent before applying to NCAT about a strata pet decision.

Can I rent my unit on Airbnb or as a holiday let?

It depends on your by-laws and whether you live there.

Under section 137A, a by-law made by special resolution can prohibit short-term rental accommodation in a lot that is not the host's principal place of residence.
A by-law cannot stop you letting your principal residence, or rooms in it, while you are away.
Most hosts must register the property on the NSW Planning Portal's short-term rental accommodation register before advertising.
Hosts must follow the mandatory code of conduct: hold third-party injury and death insurance, give guests the strata by-laws, and tell the owners corporation and neighbouring occupants that the premises is used for short-term rental, with contact details (NSW Government – Host obligations).

The model by-laws also require an occupier to give the owners corporation at least 21 days' written notice before changing the lot's use to short-term or holiday letting, if your scheme has adopted them (Model by-laws, Schedule 3).

Are there limits on how many people can live in my unit?

NSW owners corporations can make a by-law limiting occupancy to two adults per bedroom (NSW Government – Short-term rental accommodation). Councils enforce fire safety and overcrowding under planning law. Our occupancy rules guide covers the details by state.

Practical checklist for landlords

Step	Who	When
Give tenant the by-laws (and any management statement)	Landlord or agent	Before lease is signed
Tenancy notice to the owners corporation	Agent, or landlord if self-managing	Within 14 days of lease start
Arrange access cards or fobs	Landlord or agent with building management	Before move-in
Book lift and loading dock for move-in	Tenant or removalist	Per by-laws, before moving day
Check contents and landlord insurance	Landlord	Before lease starts
Cancel old tenant's cards and update strata roll	Agent and building management	At move-out

What about insurance?

The owners corporation's building insurance covers the building, not your fixtures that are not part of it or your tenant's belongings. NSW Fair Trading recommends that residents, whether owners or tenants, consider contents insurance. Many landlords also take out landlord insurance; see our strata insurance guide.

Other states

In Queensland, tenants must comply with body corporate by-laws and should receive a copy when the lease starts. The owner gets a copy of any by-law contravention notice given to their tenant (Queensland Government – Renting in a body corporate).

How Watchdog Strata helps

In Watchdog Strata, owner-occupiers and landlords' agents can register tenants, and building management approves them, so the building's records match who actually lives there. Access-card requests include lease checks for tenants, and lift and loading-dock bookings let tenants book move-in times that management approves. Integrity alerts flag mismatched tenancy and agent details. Residents are free; the building pays A$999 a year.

General information only, not legal advice. Check the current legislation or ask a strata lawyer for your scheme.

Questions people ask

Who has to give the NSW strata tenancy notice?

The real estate agent managing the lease, or the landlord if there is no agent. It must be given within 14 days of the lease starting. If they fail to, the tenant may give it.

What is the fine for not giving a tenancy notice?

NSW Fair Trading lists on-the-spot fines of $110 for individuals and $220 for corporations, with a court-imposed maximum of $550.

Can my strata stop me renting out my apartment?

No. A by-law cannot stop an owner leasing a lot. It can, by special resolution, ban short-term rental accommodation in lots that are not the host’s principal place of residence.

Do tenants have to follow strata by-laws?

Yes. By-laws bind occupiers, and the owners corporation can issue a tenant with a notice to comply.

Can tenants attend strata meetings?

Tenants on the strata roll can attend general meetings but cannot vote unless they hold a proxy. If at least half the lots are tenanted, tenants can elect a non-voting tenant representative to the strata committee.

Renting out your strata unit: what owners must do