New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 123

123 Liability of tenant remaining in possession after termination

(1) A tenant who fails to comply with an order for possession of the Tribunal is liable to pay an occupation fee to the landlord for the period the tenant remains in possession of the residential premises after the date the tenant is required to vacate the premises.

(2) The occupation fee payable is an amount equal to the rent that would have been payable for that period if the residential tenancy agreement had not been terminated.

(3) The amount of the occupation fee may be deducted from the rental bond paid by the tenant for the residential premises.

(4) The Tribunal may, on application by the landlord, order the tenant to pay to the landlord an amount of occupation fee.