New Rental Appartment Smells Foul. Options to Get out of Lease

[Deactivated] on 04/08/2018 - 08:37
Last edited 04/08/2018 - 09:27 by 1 other user

Hi Guys.

I recently moved interstate to Victoria. I had a friend inspect an apartment beforehand and showed me around on Skype. He gave a go ahead and I locked in a one year lease.

I got the keys today and the apartment is in a complete run down state. The carpets are old, walls are not clean and it just gives off a very dirty look (things you don't notice in low res Skype calls). The most concerning thing is that as soon as you exit the elevator, it starts smelling like something was decomposing there. When you enter the apartment it's a mix of that decomposing smell and detergents and is equally foul. It's bad to the point that I felt like I needed fresh air after 10 minutes.

What are my options at this point to get out of the lease as per Victorian Law? I really do not want to live there for a year less spend 15 minutes in there. Having said that there are plenty of other people residing in the block, mostly students as it's near a Uni area.

Home & Garden

Comments

  • jjjaar on 04/08/2018 - 08:41
    +45

    Get a better friend.

  • dylo on 04/08/2018 - 08:43
    +2

    Glen 20

  • rambutann on 04/08/2018 - 08:47
    +1

    This probably a part of the reason why you legally need to see the apartment before moving in..

    Id complain and say that it needs professional cleaning because it smells foul. I think thats the best youd get.

    I think i know the exact smells you're talking about though.. its not great but you should have physically visited the place before moving in.

  • 2jzzzz on 04/08/2018 - 08:51
    +5

    The combination of maybe 6 people living in the 2 bed apartment before you, plus the same circumstances in all the surrounding apartments.

  • holdenmg on 04/08/2018 - 09:07
    +6

    I don't know if Bikies would improve the situation or make it worse.

  • [Deactivated] on 04/08/2018 - 09:17

    Guys I am really stressed out about this and if anyone has any idea on how I can get out of this legally, I would really appreciate it. I came across this but dont know if I qualify as "Before you move in the premisis" as I got the keys from the agent yesterday
    https://www.consumer.vic.gov.au/housing/renting/ending-a-lea…

    • JungliChilli on 04/08/2018 - 09:34
      +4

      I don't think there is much you can do. The only legal option for you is to pay the break fee and leave.

      So I'd recommend to find out what the lease break fee is, if it's somewhat minimal, pay it and move to a better place.
      Otherwise fork out the expense to have the placed cleaned up yourself.

      Maybe you can try to play the 'it didn't smell this bad when we inspected it' game and try to get them to clean it up.

      I think the learning out of this is you should inspect a property yourself in the future before signing anything or suffer the consequences.

      • Tregetour on 04/08/2018 - 13:38

        yep - this is the right advice. NSW tenancy law (and I believe VIC is similar) should see that the tenancy application or lease contains a clause stating 'I have seen this property'. Generally you can't be approved sight unseen unless you've signed a clause to the contrary. Breaking the lease/negotiating a payout is the only way forward.

  • clem0ximus on 04/08/2018 - 09:30
    +3

    Give one of these a go.

    https://m.ebay.com.au/itm/3-5-g-h-Household-Ozone-Generator-…

    I bought a used car from a dealer and because the interior was in such a foul state, I got them to get detailers to shampoo all the carpets, seats and even roof lining. Unfortunately the detailers didn't extract all the water from their shampooing and actually caused a foul mouldy smell inside the cabin.

    Smell wouldn't go away even after using Glen 20 and many other products. I finally found that people used ozone generators to eliminate foul odours in houses and cars. I bought this and ran it in my car for an hour with the aircon on recirculate. It worked first time.

    I suggest you try this if you've got no choice but to stay there. Make sure all windows and doors are sealed, aircon on recirculate and fans running. Blast it for a few hours but make sure no people or pets are inside for at least a couple hours after the treatment to let the ozone dissipate as ozone is harmful to the respiratory system.

    Good luck with your situation

    • RM on 04/08/2018 - 10:35

      This and try and neutralise the smell as much as you can. Then you can advt the place (gumtree or FB) for a lease transfer. Blast a few air fresheners when a prospect is scheduled.

      Meanwhile raise it to the RE agent, request them for a better/professional cleaning due to the smell. DO NOT tell at this stage you did not personally attend the inspection.

  • o53djz7qTPY4der on 04/08/2018 - 09:36
    +3

    Return keys to agent first thing Monday morning and cite:

    "If your landlord is in breach of any of their ‘duties’ under the Residential Tenancies Act 1997 you may be able to end your tenancy early. This applies if the landlord:

    hasn’t made sure the property was reasonably clean and vacant when you were supposed to move in"

    This will mean that you have to find alternative accommodation and you have to be prepared to take it to VCAT. Take lots of evidence.

    Alternatively, spring $500 for professional cleaners and write it off as 'lesson learned'.

    I would not tell the agent that you did not inspect the place personally - they'll just say 'too bad, too sad', and rightly so.

    Good luck,.

  • peterpeterpumpkin on 04/08/2018 - 10:34
    +1

    This might not be your issue, but in European hostels a lot of the bathrooms smelt extremely foul.

    I think in some instances the sewerage was backing up into floor drain's trap. They now sell one-way valves you can stick on floor drains to prevent smells creeping out (when you can't afford to tear up the tiles).

  • chumlee on 04/08/2018 - 10:52
    -1

    You're looking at this the wrong way. Your question should be "what can I do to have the landlord evict me".

    • rompastompa on 04/08/2018 - 12:40
      +2

      "what can I do to have the landlord evict me"

      Dirty the walls, rub the carpet and make it look old, put some dead things and detergent around to make it smell really foul, basically make the place look and smell dirty.

      Oh wait, it's already like that.

      • chumlee on 04/08/2018 - 13:42

        Sub let, pets, parties etc

        • buckster on 04/08/2018 - 15:10

          Air bnb it

  • JimmyF on 04/08/2018 - 11:07
    +3

    What are my options

    1. get a better friend
    2. inspect it in person next time
    3. smelling bad isn't a reason to break the lease, it is as inspected
    4. pay for a professional clean
    5. get the carpets cleaned

    The last two should set you back less than $500, and will make the place about 10 times better.

    Then start to complain to the building management about the smell and also try to track down its source so they can fix it.

    Then in 12 months time, you can move if you still want to.

  • chickenchipsgravy on 04/08/2018 - 11:29
    +2

    i can understand your disappointment, nothing worse than completely uprooting your life and then coming "home" to shit hole….

    if it were me, i'd slip down to bunnings and buy 2x$10 foam mops and $10 bottle of sugar soap… scrub the walls of grime and shit (even if it looks clean, the mop will be grey/black, trust me)…. after this i'd organise a reputable carpet cleaner to come and redo the property, a lot of people put up shitty ads on gumtree/airtasker for end of leases and they really don't do a good job… you can also hire a machine and do it yourself from bunnings, i've got dogs and do this monthly myself (only costs $38/24hrs).

    thirdly i'd then organise a professional cleaner, not some shitty airtasker job, a real one, budget for $80/hr and 4 hrs work. they'll scrub literally everything including cupboards, roof, walls, you name it.

    this three step plan will have it smelling 500% better

    edit: also make sure all your ceiling fans, heating and air conditioning units are lint free and their filters are completely cleaned too.

  • Shenkle on 05/08/2018 - 07:46

    Whereabouts in Victoria are you? There should be a community legal centre available where they can give you some advice on your situation (at no cost).

    I'd rely on their advice before anything I get here.

  • terrys on 05/08/2018 - 08:46

    I rarely mention commercial products, but there is one called "Nilodor" available on supermarket shelves. When the Overland used to pull into Keswick on a Monday morning after there had been a large Melbourne sports event, sometimes one or more of the front ["party"] carriage toilets would have a blockage, and the solution was to close the door, connect up the fire hose to the outlet, and blast it back into the cubicle for one unfortunate employee to clean out.

    After the cleaning, about 2 drops of Nilodor were put at that end of the carriage, deoderising it to go out clean smelling that evening.

    You will end up with a flat that semlls like a just-cleaned taxi or bus for a day or so tho…

  • reactor-au on 05/08/2018 - 08:47

    I made the mistake of buying a car interstate without seeing it in person, when I flew over to fetch the car it smelled like air freshener and tobacco. Never again. I purchased an ozone generator for $500 and pumped that thing in the car over two weekends.

    Anyway, just a lesson learnt, I will never buy or rent such significant items without inspection first hand.

    • terrys on 05/08/2018 - 08:49
      +1

      "it smelled like air freshener and tobacco."

      I notice that now five years after giving up smoking - buying a car that smells clean, but then you use the air-con or heater the first time and the smell of tobacco fills the car.

  • whooah1979 on 05/08/2018 - 09:17

    mostly students as it's near a Uni

    may we assume that these are international students and that the odour is curry? there is no effective way to remove curry short of burning the building down.

    save yourself the headache and end the lease.

  • ShannonN on 05/08/2018 - 10:11
    +1

    if the walls are dirty and the carpet smells then the previous renter hasn't cleaned it properly and you should notify the re and not sign off on the inspection sheet as the place is not clean also open the oven and check its not full of grease.

    also remove stove elements and trays to check for burnt slops again, do not sign the inspection report they give you when you first move in .. request the property manager attend so they can experience the problem first hand

    • [Deactivated] on 06/08/2018 - 17:08
      +1

      The oven was full of grease. The dish cleaner was ironically dirty as well. I found mould in the bedroom. The agent is getting that sorted and re cleaning the place. i have asked them to replace the carpets and fill in the cracks in the walls. If they refuse i plan on lodging an early lease termination case with VCAT.

  • Candour on 05/08/2018 - 11:24

    ring consumer affairs first and get their competent advice as they know the law.

  • savage bargain on 05/08/2018 - 11:39

    Sounds like could be a moisture issue, which is super common with apartments (particularly if they are older). Highly recommended getting a powered dehumidifier to stop it happening once you follow the cleaning tricks on here. The decomposting smell can be related to moisture build up in everything and subsequent mold.

    In the meantime, air it during the day whenever the weather permits.

  • bobbified on 05/08/2018 - 12:31
    +1

    He gave a go ahead and I locked in a one year lease

    Im interested to know what the conversation between yourself and your friend was like. "Run down might not mean the same thing to everyone, but a bad odour is a bad odour and isn't subjective. Did he not notice the smell?

    • [Deactivated] on 06/08/2018 - 17:04

      Initially he told me he didnt notice the smell. When I asked him to come over and have a sniff, he told me the smell of rotting fish was pretty normal for appartments in melbourne and where Chienese/Asian residents were staying. Told me the mold in the bedroom was just a stain. The dirt and stains on the carpet normal wear and tear and the state of cleaning was Okayish but could be better. Wont be seeing him again.

      • Love a bargain on 07/08/2018 - 12:54
        +1

        He did you a favour. He might not have the same standard as you but that is not his fault.

      • pyramid on 07/08/2018 - 12:57

        Was he Friend or Real estate agent?

      • bobbified on 07/08/2018 - 14:04
        +1

        Wont be seeing him again.

        I can't imagine you were too close to this friend to start with if he spent time doing you a favour and you no longer want anything to do with him.

        • [Deactivated] on 08/08/2018 - 09:40

          Ultimately the fault is mine but I did entrust him to responsibly give me an objective opinion about the place. The response I got form him was that its a great place, take it without mentioning a single negative thing. To me it feels like he wanted me to stop asking him to do inspections. And instead of sympathizing with me and offering support he goes on to justify the whole mess. Now I am in an unpleasant situation and have to possibly spend a year in a cramped run down apartment. So yes he did me a favor but it ended up have a huge negative impact on my life. I guess its a lesson learnt for the future.

        • bobbified on 08/08/2018 - 09:51

          @trickster:

          This is off topic, I know - as a friend, he's probably felt obligated to do it for you over and over again even when he didn't really want to (some people have difficulty saying no).

          This little exercise hasn't done either of you any good. For what it's worth, there's no point getting angry at him. If anything, the only person you have to blame is yourself for delegating your own responsibility to someone else.

  • Pumpkin_rrr on 05/08/2018 - 13:45
    +2

    A few lessons to learn here:
    1) If you were to engage someone else to look at a property for you, make sure he/she has the same value system as you.
    2) Make a list of what to look for, know what you want and dont want
    3) Only sign a 6-month lease
    4) Check Entry Condition Report carefully and only sign when you are satisfied.
    5) Next time, make a special trip to do house-shopping. People do that all the time. Or stay the first week/month in a short-term lease, motel, AirBnB….

    I really do not think you have any legs to stand on. How many properties did you friend look for you? Is the rent cheaper than others in the area?

  • jd4free on 08/09/2018 - 22:59

    I was in nsw, same issue but with Cockies that covered the walls at night…. speak to the Real estate, tell them the place needs to be habitable, and this is in no way habitble.
    The may understand and help sort it out.

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