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Can my landlord claim this from my bond…?

By veganarchy 8 September 2010 22

Unfortunately I had to end my lease 6 months early. I have agreed to pay a weeks rent in advance, which I think is pretty standard. I had my final inspection last thursday, I hadn’t heard anything about my bond so I called them today.

The real estate agent said everything was perfect in the house except a wall in the bathroom had been damaged. They are claiming it’s $800 to fix it, which is half the bond! Apparently there is water damage in the wall that joins the laundry and bathroom. I didn’t know about any leak until I leaned against the wall to rest whilst cleaning and the wall collapsed in where I was leaning against it. But looking back on the original condition report I edited it stating there was tiles coming away from that wall. Could that have been a sign of water damage and am I liable to replace the whole wall even if it was damaged before I moved in? And is $800 standard?

Thanks.


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Can my landlord claim this from my bond…?
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enrique 3:55 pm 09 Sep 10

colourful sydney racing identity said :

Sorry Enrique but, do do this. It worked for me. threats to coutersue for failing to make requested repairs works a treat.

Fair enough.

Maybe what I meant to say was… don’t do this by turning up to your agents/landlords premises full of rage and threaten them in ways that could reflect badly on you.

By all means, inform them of your plans to countersue but do so in a professional and courteous manner (if that is at all possible in such a circumstance… i.e. the smiling assassin).

There’s no need to get nasty and bring yourself down to their level. 😉

enrique said :

Deadmandrinking said…

Deadmandrinking said :

Make them scared, threaten them with everything,

Don’t do this.

Sorry Enrique but, do do this. It worked for me. threats to coutersue for failing to make requested repairs works a treat.

bobbatty 2:24 pm 09 Sep 10

Tangentially….what colour was the wall? It may be that roof leaked?

astrojax 1:57 pm 09 Sep 10

Thumper said :

The landlord can have your first born child plus your soul.

I read it somewhere. Maybe on RiotAct.

s’lucky i don’t have a soul…

but i knew it was a mistake to name astromonkey ‘rumplestiltskin’. here i was thinking he wouldn’t be mistaken in class…

H1NG0 1:49 pm 09 Sep 10

If you reported this while working there, the repair work would not have been charged to you as it is the responsibility of the landlord and agent. This does not change because you have left so I believe they are 100% dodgy pricks.

bigcohuna1 1:33 pm 09 Sep 10

I’ve always rented unfortunately, but have a go with the Tennant Advocate and be prepared to go to the tennancy tribunal.

Currently have been in the same home for 11 yrs and the owner is nice but we both keep having issues with rental agents and property managers.

Just got a letter putting our rent up by $100 per week. Rang the property manager and she said she wont budge on that and was orginally going to put it up by $ 150 per week, as we were having lots of maintenance done.

Bollocks

In 11 yrs at that property I have done everything needed including painting – except a plumbing job (repair to water heater) and a roofing repair requiring a tradesman, and the rental agents haven’t given me the reibursement they promised each time. Hardly any maintenance required. We hardly even get any excess water bills cause we do the grey water / recycling thing.

And we have a new property manager several times per year and have to start off with inspection reports all over again whenever an inspection is due. Pain in the backside. The last one even wanted to know why we had 2 cars in the driveway and who owned them etc and would start going thru cupboards & drawers & even our wardrobes at inspection time.

Even had one state on an inspection report that the trees were dying & needed fixing (it was winter and they are deciduous – the leaves fall off in winter – that stupid woman).

Problem is that each time a new poperty manager comes along they ‘note’ wear or damage to the building and quiz me about anything and when u say it has been reported they go ‘righ…yeah..heard that one before” but all they have to do is go over all the other files.

Note everyhing down including phone calls, get a receipt for even dropping off the keys etc and if there is a problem then you’ll at least be prepared. Don’t trust your property maager no matter how nice they are, even if htey are a good one, because all in all they will leave you hung out to dry if it means their job or bottom line.

enrique 12:39 pm 09 Sep 10

Deadmandrinking said…

Deadmandrinking said :

Make them scared, threaten them with everything,

Don’t do this.

Me no fry 10:55 am 09 Sep 10

Use this experience to your advantage.

I used my visceral hatred of dodgy, greedy, venal, petty, mendacious, larcenous real estate agencies/property managers/landlords as a prompt to finally get together a deposit for my first property.

Thumper 10:19 am 09 Sep 10

The landlord can have your first born child plus your soul.

I read it somewhere. Maybe on RiotAct.

Deadmandrinking 10:04 am 09 Sep 10

Please, for the love of God, get some advice, go to the Tenants Union. Fight these pricks. I just got out of a rather bad property manager who ended up charging me for natural wear and tear stuff (not to mention their pre-final inspection phone-calls, both at work and when I was in class which involved some rude woman constantly asking if I was going to get the carpets and curtains professionally cleaned and who with). Because I was stuck with two different people needing their bonds back, I foolishly just paid the cost. Don’t make the same mistake I did. I regret doing that to this day. These people are professional scum and rip-off artists. Make them scared, threaten them with everything, scrutinize every dealing with them. Although, I do understand that they can be a lot to deal with, especially when you’re moving house in a place like Canberra and when you’ve got a full working-day schedule.

vg 9:10 am 09 Sep 10

You could tell your landlord that you will be counter-suing them for injuries and damages arising from the wall that collapsed because of their poor building maintenance.

Reminds me of a situation a few years agao when I was renting and under sufferance of a rude and unprofessional property manager (the owner was lovely though). This property manager continued to conduct ‘inspections’ while we weren’t home despite our protestations and me making myself available at any time should they care to arrange it. But no, this beeatch only wanted it her way.

The ‘last’ time she did one of these inspections without our knowledge of consent she left a report which tried to blame us for damage that we had reported, and noted, when we moved in. I gave her a ring and the rudeness continued. I then asked her if she’d seen the $100 cash I’d left sitting on a kitchen bench. She asked what I was talking about and I said that I’d left $100 sitting on a kitchen bench for the other housemate. They got home and it wasn’t there. I told her that as she was the only person that had been in the house between me leaving the money and the housemate returning home (and she herself had documented that through her report) that, sadly, I could only draw the conclusion that she had stolen the money. I think I heard the pants sh*t down the phone line.

We never had another unannounced inspection after that.

Can your landlord claim it? Yes
Is that claim morally or legally sustainable? Based on what you’ve said, I doubt it

cleo 10:13 pm 08 Sep 10

Existing damage, I take it you have a condition report? Also the weeks rent in advance is for advertising the property, so make sure the property in rented within a week, I’m sure that they would find someone, but just in case, check with the real estate that they have advertised it, and when they have found a tenant.

kellogg 9:31 pm 08 Sep 10

Mate, I’m a landlord and manage my own properties privately. Real estate agents use rentals as cheap fodder, and they’re high maintenance for their property managers. And then you get crap rip-offs like what this seems to be.

It sounds to me on the basis of your posting that you noted on the condition report problems with falling/peeling tiles, and if subsequent to that there has been undetected water damage resulting in the collapsed wall, it is clearly not your responsibility. As you have been advised, make your representations politely and in writing. If there are telephone conversations, note with whom you spoke, what time and what date. I think you have a very strong case NOT to be charged for something you did not cause and for which you could not have been expected to have had foreknowledge. Take it to the limit.

Felix the Cat 9:06 pm 08 Sep 10

Damage aside, aren’t tenants that break a lease normally liable for rent (and advertising expenses) until a new tenant is found?

Not sure what you mean by “agreed to pay a weeks rent in advance”? Rent is normally paid in advance, paying an extra week because you break a lease wouldn’t normally mean diddly.

farq 5:59 pm 08 Sep 10

Do property managers carry grudges?

Could fighting it in the long run be more trouble than it is worth?

I have never heard about it, but I have rented in years.

enrique 4:51 pm 08 Sep 10

Contact these people… http://www.tenantsact.org.au/

Read this… http://www.legislation.act.gov.au/a/1997-84/default.asp

Be honest, professional and polite in your dealings with your agent/landlord (even if they are not).

Try to ensure all communication is in writing and keep a record of it in case you need to refer back to it later.

astrojax 4:33 pm 08 Sep 10

you bastard, idling against a poor sad wall and damaging it and now just wanting to run away without making restitution – sad, what people have become thee days…

arescarti42 3:56 pm 08 Sep 10

That sounds pretty unreasonable to me.

Unless you somehow managed to damage the wall which caused the subsequent water damage, I’d be asking for the full bond back. Tiled walls are supposed to be waterproof.

$800 is probably not expensive, depending on what needs to be fixed.

KB1971 said :

If you didnt cause the damage you should not be liable for it.

Disclaimer: I am not a lawyer, just speaing from experience from a rental property I used to lease. After 8 years all they could find was 2 tiles chipped on the front door step. I agrued that point (8 years) & they gave me my bond back.

I should give the same disclaimer.

fragge 3:55 pm 08 Sep 10

My mate has been going back and forth between his real estate agent trying to get signed on as a tenant in the house he’s been living in for more than six months and has described to me conversations he heard over a glass wall along the lines of ‘look what we managed to get charged out of this idiot’s bond’. I’d say this is one of those occasions – pre-existing damage means that the owner is liable, not the tenant. #1 is absolutely correct, submit a Bond Return form.

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