We moved out but still having problems with Real Estate and Landlord.

Smerch on 17/06/2016 - 21:36

Hey Hey!

Well we moved out last week. Dropped off the keys and a professional carpet cleaner did the vacuuming.
The house is 1 year old and we lived there for 6 month. Nice house but due to work we had to move.
Today they did a final inspection and sent us a "letter of demandS".

They claim that there are marks on the carpet and sent us pics showing round circles from office chairs.
There are no dirt marks, it is just visible where the chairs were used.
So they want the carpet to be steamed cleaned.

We had a plant on the outside concrete "patio"(not polished or sealed, it is just a 2x3 slab of concrete).
After removing it, there is a circle left on the concrete.
So they want the "patio" to be pressure washed.

And the most troubling for us is that they want all this done before new tenants move in next week.

I understand that an easy solution is to pay up and forget but can they put a short time frame like this?
Is it possible to argue any invoices that they will send me to pay?

Thank you

Home & Garden

Comments

  • grimace3 on 17/06/2016 - 21:49
    -1

    " So they want the carpet to be steamed cleaned." — It's my understanding that tenants need to get it steamed cleaned when they move it.

    I've had to do it to my four previous rentals that I've had carpet in :)

    • Smerch on 17/06/2016 - 21:53
      +1

      I do not mind if there is a need for it. But there are no dirt marks, it just looks uneven.
      The carpet is a chepo squares type that now widely used in the "new for rent only" houses and apartments everywhere.

    • the-mal on 17/06/2016 - 22:04
      +5

      That's incorrect in NSW at least. It changed years ago. You do not have to professionally clean carpets.

      Agents always try their luck and tell you you have to (and often ask for receipts). The legislation now specifically says you do not have to do this. It's a waste of your money.

      Edit: here's the specific portion of the legislation for doubters

      Section 19(2) of the Act says: “Terms having the following effects must not be included in a residential tenancy agreement:

      that the tenant must have the carpet professionally cleaned, or pay the cost of such cleaning, at the end of the tenancy [unless the cleaning is required because animals have been kept on the premises during the tenancy],

      • Katie2014 on 17/06/2016 - 22:54
        +2

        Interesting - I had no idea about that!

        We rented in NSW a couple of years ago and both of our leases (through two different agents) specified that the carpets needed to be professionally cleaned (we didn't have pets).

      • Geewhizz on 18/06/2016 - 06:05
        -3

        I suspect the intended interpretation of that is for steam cleaning (which should be done) to be done by a professional.

        Why would any halfway-reasonable tennant want to move into a place with uncleaned carpets?

        OP I don't think their requests are unreasonable. You left a dirty ring on the patio, you need to clean it.

        • Smerch on 18/06/2016 - 06:48
          +3

          Well as above, the steam cleaning is not mandatory and like I said there are no dirt marks on carpet.
          The mark from plant on patio is just water that was sucked into cheaply made concrete "patio".
          If they would sealed it and polished it then we could easily cleaned it.
          When we moved in, we took pics with already dirty water in it with cracks throughout.

        • Pumpkin_rrr on 18/06/2016 - 10:18

          Not sure why you get vote-down.
          I hope people realise that the next person moving in will go thru this and might complain about the state of the carpet.
          The general rule is you need to return the property in the original state they were when you first moved in……

        • Smerch on 18/06/2016 - 10:30
          +1

          @Pumpkin_rrr:
          Fair enough, but furniture marks will fade away.
          The next tenants should take pictures and lodge them along with the report.
          Then it will help them with the moving out.

        • Deridas on 18/06/2016 - 19:35
          +1

          @Pumpkin_rrr:

          Pumpkin, the 'original state' is minus normal wear and tear (I don't have a source). Water marks from a pot plant may/may not be counted as normal wear and tear. If 'original state' statement is true then I expect brand new 'original stare' carpets from my tenants even after 10 years.

          I didn't neg you by the way.

  • MustacheFire on 17/06/2016 - 21:53
    +2

    You just need to make sure the property is 'reasonably clean'. See here
    or here

    In the first instance just apply for return of bond from NCAT

    Round circle impressions don't sound like they require steam cleaning to me

    • Smerch on 17/06/2016 - 21:58
      +1

      Thank you, I will double check the lease agreement but we did not sign on any extra conditions.
      We filled up the standard page to claim our bond back that they gave us.
      Is there a way to bypass the real estate?

      • Enzalicious on 17/06/2016 - 22:05
        +1

        Read your lease agreement. Mine says carpets must be steamed clean once moving out and a receipt to be presented as evidence.

        • the-mal on 17/06/2016 - 22:14
          +2

          That's illegal in NSW.

          Section 19(2) of the Act says: “Terms having the following effects must not be included in a residential tenancy agreement:

          that the tenant must have the carpet professionally cleaned, or pay the cost of such cleaning, at the end of the tenancy [unless the cleaning is required because animals have been kept on the premises during the tenancy],

      • the-mal on 17/06/2016 - 22:07
        +7

        Is there a way to bypass the real estate?

        Just tell them you left the property clean and the indents in the carpet are reasonable wear and tear. If they haven't lodged for the bond yet, get in first and lodge to have it returned. That way they will have to file a dispute if they want the money, and they know they'd lose, do they won't. And if they do for some reason, they'll lose and waste their time and money.

    • aboabo on 18/06/2016 - 02:35
      +2

      Round circles? Help.

      • Smerch on 18/06/2016 - 06:49
        +1

        Hehe :)

  • the-mal on 17/06/2016 - 22:02
    +7

    If you're in NSW get in contact with Tenants NSW. It's a free service (phone or email) and they have a bunch of great fact sheets to clearly spell out your rights and responsibilities.

    I can only give advice for NSW, I don't know the rules in other states. In NSW you cannot be charged/lose bond over reasonable wear and tear.

    The rules specifically state that indents left in carpet from furniture can NOT be claimed against. The rules also state (as of a few years ago) that you can NOT be forced to have carpets professionally cleaned. A good vacuum is fine, as long as there are no major stains or damage.

    They cannot demand funds via a letter. They must withhold the bond for this, and then you'd simply lodge a dispute with the Tribunal and they'd find in your favour.

    Ring Tenants NSW first thing on Monday. Don't pay them a cent. If you left the place tidy and clean and left no damage (just reasonable wear and tear) then you don't have to pay anything.

    Landlords and agents often try their luck to see who knows their rights and who will just pay up without asking questions. I once had to show an agent the legislation she was violating, and still they withheld bond until I raised it with her boss and the Tribunal and then I received a very prompt apology and the full bond back. Know your rights, and don't pay unless you have made damage outside reasonable wear and tear.

  • MustacheFire on 17/06/2016 - 22:10
    +2

    Yes :) link

    Although you can apply unilaterally, the landlord will have a chance to respond. Give either fair trading or one of the tenant helplines a call for advice before lodging. But I wouldn't just roll over. Good luck

    • Smerch on 17/06/2016 - 22:11

      Ty :)

  • tomsco on 17/06/2016 - 22:33
    +1

    Hope they back off, OP.

  • [Deactivated] on 17/06/2016 - 23:20
    +4

    Also the landlords claim depreciation on the asset because of this wear and tear. So they are reducing the amount of tax they pay due to this wear and tears. My experience of the Real Estate industry has shown me that they will rip you off wherever they can, don't be suprised at the bullshit they make up.

    • juventino on 18/06/2016 - 05:27
      +1

      This!!!. Even a good real estate agent will try to extort money from you any way they can :)

  • Ash-Say on 18/06/2016 - 04:30
    +1

    Dont pay them cent and infact lodge claim directly with NSW Fair Trading. You dont even need their signatures and they would need to dispute it if there are any cleaning issues.

    The circles are general wear and tear so you can`t be held accountable.

  • jaybmate on 18/06/2016 - 09:26
    +1

    Those furniture indents always come back up after a few weeks automatically anyway.. If your the type to move furniture around a bit you may have noticed it.

  • Speckled Jim on 18/06/2016 - 11:08
    +6

    As an investment property, they chose to economise with finishes. You're not responsible for that, and any Court or Tribunal in the land will find in your favour (assuming your OP is accurate).

    Polypropylene carpet is particularly prone (lol) to pressure marks from furniture. Everyone in the carpet and R/E games know this. As for the concrete slab? If there's no oil, grease, dirt, moss or lichen you have nothing to worry about.
    If wanted their precious, unsealed concrete to remain immaculate, they should have added a paragraph to the tenancy agreement specifically banning organic materials from it.

    What next? Demand tenants only have synthetic plants and weightless possessions? LOL "No Furniture, No Pets, No Plants, No Living Things At All — Just Give Us Your Money!"

  • Geewhizz on 19/06/2016 - 07:39

    For what it's worth, OP, the furniture indents can be removed by placing a damp cloth over them and running over it with a hot iron.

    • Slippery Fish on 19/06/2016 - 08:24
      +1

      Lol this, but id be scared some this new carpet wouldnt melt o.O

      • Geewhizz on 21/06/2016 - 06:01

        Don't iron directly onto the carpet. You'd have a lot more to worry about if you did that than a couple of chair indents.

  • Some Human on 28/06/2016 - 13:01

    This is why I rent older houses. Accidentally taken some paint off the walls with blutack a few times and they just don't care

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