Rental Bond in Jeopardy - Anyone with a Similar Experience? or Advice?

Lherecomestheoost on 11/02/2021 - 20:48

So I just left a rental property, I did all the things required for vacating.. House cleaned, garden done etc.

So my former property manager emails me today.

"Thank you so much for leaving the place in such great condition, however when are you planning on removing the rubbish from the backyard?"

My response

"No worries, but I am unaware of any garbage left in the backyard"

Her response

"The car bumper, bike parts and general rubbish"

So I gather someone has dumped their crap in the yard once they have noticed the house became vacant.. It is a very bad area and I suspect the house next doors tenants (housos) have decided to do this (they have many broken down cars, monkey bikes etc)

Has anyone had an instance like this? I replied to her mentioning that that junk was not mine and most likely the scumbags next door. She is yet to respond.

Financial

Comments

  • thatonethere on 11/02/2021 - 20:53
    +2

    Pretty much you are on the hook until the final inspection is signed off by both parties.

  • bobbified on 11/02/2021 - 20:58
    +2

    How long was it between when you vacated and the inspection? If it's more than a few days or a week or two, you might have a case. If it's only been a day or so, I think you might have a hard time trying to convince anyone.

    • CheapskateQueen on 11/02/2021 - 21:02
      +1

      yes the time between exit and final inspection is critical

    • herecomestheoost on 11/02/2021 - 21:03

      I handed the keys back Wednesday 3/2 and she has emailed me today Thursday 11/2 but the lease does not actually end until Friday 19/2

      • bobbified on 11/02/2021 - 21:07
        +8

        I would explain to them what has happened and put the blame squarely back on the agent by asking them why it took over a week to do the final inspection. If someone had broken in between that time, would they have tried to hold you liable for the damage too?

        Can we assume you didn't take any pictures on the way out?

        • herecomestheoost on 11/02/2021 - 21:08

          It is safe to assume I did not take any pictures.

        • Cheaplikethebird on 12/02/2021 - 12:50
          +1

          Yep having a hard time finding the exact rules for VIC but sounds like they left it too late. In QLD they have 3 days. Most property managers are just 20 year old hairdressing academy dropouts, put the screws in and they’ll bend.

  • meowsers on 11/02/2021 - 21:35
    +2

    What state are you in? If you feel like they are being unreasonable and will screw you over, claim the bond first, to place it in dispute. Then they have to take you to xCAT to prove their case, and they have to bear the burden of fees etc, as they are the filing party. Chances are they will back down and you'll get your money.

    For example in Queensland if you claim the bond first, it is the other parties responsibility to do all the leg work. It is similar in other states, but does vary somewhat.

    • herecomestheoost on 12/02/2021 - 05:53

      I'm in Victoria.. Thank you for that, I will look into this.

  • iNeed2Pee on 11/02/2021 - 22:00
    +4

    Go back to the house, collect the items and dump them back next door.

    • lgacb08 on 11/02/2021 - 22:30
      +4

      Nah, won't help, before doing that make sure you set appointment with the agent to come about an hour afterward, take photos and then left, otherwise they'll be thrown back with a couple more of bonus items.

      But in seriousness, it's not your problem once you hand the key in, the agent has been too slow to do the inspection so anything can happen in between. You can use your defence as no longer have access to the property as a valid one.

    • AustriaBargain on 12/02/2021 - 01:21

      "Dear OZBargain, I found my neighbour has dumped some trash over my fence last night. What should I do?"

  • brotherfranciz on 11/02/2021 - 23:25
    +3

    Simple way about it is to clean it up, then take photos (or even a video and upload it to YouTube).

    It sucks to have to clean up someone else's mess, but it will save you the stress of potentially losing the bond, and won't leave you with a possible black mark with the property manager.

    Anyway, I do feel for you, it's a tough one.

    Good luck whatever you decide to do!

    • herecomestheoost on 12/02/2021 - 05:55

      Thank you.

      • ThithLord on 12/02/2021 - 09:35
        +1

        & take photos for evidence when you're done!

  • orangetrain on 12/02/2021 - 00:16
    +1

    It's still your problem as the lease hasn't expired. Key hand over is part of terminating the lease, not when lease ends.

    Ask for keys back and deal with it. Make sure you take pictures/video without the agent. Then tell them specifically and confirm the "final inspection" is with them AND make sure to take pictures/video with them AND they sign off inspection. Don't believe any bullshit such as "final inspection is with owner". No sign off = They can do stuff like rub cake into the carpet, take pictures and blame you.

    Sorry this happened to you, hope it's better in the future for you!

    • herecomestheoost on 12/02/2021 - 05:57

      My new place is in a very good area, is a lot nicer and I'm very happy here. Thank you.

  • AustriaBargain on 12/02/2021 - 01:20

    You should have taken photos. But if that stuff was dumped while you were still the owner of the house, if you left early and the stuff was dumped while you were still leasing it, then it's your stuff. What is the agent meant to do, put your dirty bumper and soggy bike seat into her clean car?

    • herecomestheoost on 12/02/2021 - 05:57
      +2

      Well I suppose they could yes, I might suggest that to them.

  • kusama on 12/02/2021 - 07:52

    In my council area, I’d just book hard rubbish and go deal with it since you are allowed 2 a year and just book online

    • herecomestheoost on 12/02/2021 - 07:57

      The crappy area does not supply this service unfortunately.

  • thatonethere on 12/02/2021 - 08:27
    +2

    Ages ago I had a similar issue in an apartment. It had those cages in the underground parking. I made a rookie error of cleaning them out and removing my padlock. Unfortunately pretty overnight people dumped old white goods in them so I had to get rid of them to pass inspection. Argh.

    • herecomestheoost on 12/02/2021 - 08:36

      I'm feeling as though this might be my situation also.. If I pay someone to get rid of it, it's just going to save me a lot of annoyance.

  • taize on 12/02/2021 - 12:20

    As others have said, keep the keys until the day of the inspection. Ideally, be there when they do the inspection. I generally request an inspection a few days before the end of the lease just in case there are things that needs to be cleaned. Better than having the agent bring in a professional cleaners and take it out of your bond.

    Unfortunately the rubbish is your responsibility until formally hand the place over after the inspection.

    • herecomestheoost on 12/02/2021 - 13:05

      I was confident with how I'd left the house but that does makes sense also.. The agent actually requested the keys back earlier as they couldn't find their set which is interesting.. I've not heard back today but I am prepared to get rid of it myself now.

  • johnnygolden on 12/02/2021 - 20:15
    +2

    Once you vacate the premises in VIC the landlord/agent has 10 days to claim a portion of the bond. If they fail to lodge this claim in time then the window has closed and they have no recourse (although you may have to challenge through VCAT to actually get the bond back). However as others have said you may wish to weigh this up against the effort involved in simply cleaning up the rubbish, in case you find yourself doing business with the agent (or needing a reference) in the future.

    • herecomestheoost on 12/02/2021 - 20:20

      I agree, I have not heard anything since my last email to her.. I am prepared to get rid of the trash for peace of mind. Obviously would prefer not to.. But it isn't the end of the world. Thank you for your input.

  • herecomestheoost on 15/02/2021 - 17:22
    +2

    Update for anyone who cares. Full bond received. Thank you all for the advice.

  • Venustrap87 on 16/02/2021 - 12:58
    +1

    Nice one

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