New South Wales Consolidated Acts
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RESIDENTIAL TENANCIES ACT 2010 - SECT 123
Liability of tenant remaining in possession after termination
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
(4) The Tribunal may, on application by the landlord,
order the tenant to pay to the landlord an amount of occupation fee.
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