Bond Claim Time Limits?

CMH on 16/09/2021 - 14:55
Last edited 01/10/2021 - 00:01

I terminated my lease and moved out 4 weeks ago. However, the scumlord wants to take some money from the bond for "damages" (was detailed which damages) but all said damage is pre-existing.

However, the damage claimed is hard to see in the original move-in inspection photos (which were obviously low-quality) and the move-out inspections are now focused and high quality.

RTBA website says landlords have 2 weeks to file any bond claims: whats the chance they can still make a claim 4 weeks out? Bond has been lodged with RTBA (I have a receipt) but nothing has been lodged regarding it's refund.

Update: REA called up demanding we pay for damages again. When I said I wouldn't be paying she asked for an offer to bring back to the landlord. I told her my offer is $0. She got angry, told me she's going to sue me (might be paraphrasing here) in VCAT and promptly hung up on me. I promptly put my claim in with RTBA as soon as she hung up. 2 weeks is now up, no word on that VCAT thing she threatened with.

Home & Garden

Comments

  • GG57 on 16/09/2021 - 14:58
    +3

    Why haven't you claimed your bond back yet?

    • CMH on 16/09/2021 - 14:59
      -2

      No need to rush.

      • GG57 on 16/09/2021 - 15:00
        +2

        Ok. But if you had claimed earlier, it would have negated this issue (or at least had it raised for resolution earlier).

        • CMH on 16/09/2021 - 15:01

          How would it negate the issue? Landlord could possibly file a claim with VCAT, and claim expenses with that. Now I'm just wondering if the window for them to claim with VCAT has closed.

          • GG57 on 16/09/2021 - 15:03
            +2

            @CMH: Wouldn't it have become much more involved and a lot more effort for the landlord to raise with VCAT, with the likelihood of it dragging on for months? The cost to them to do that may have been considered uneconomical.

            • CMH on 16/09/2021 - 15:06

              @GG57: I could still put in for my refund with RTBA at any time.

              My worry of course is if they decide to go with VCAT they'd start tacking on VCAT costs, or inflate their costs further. I know for a fact the scumlord has their tradie friend do their maintenance for them (and often claim that broken items aren't actually broken). Wouldn't be hard to just write up an invoice for $1000….

  • deme on 16/09/2021 - 15:10
    +1

    Just put in a claim and see what happens.

    • CMH on 16/09/2021 - 15:11

      Half in the mind to do so, just worried about what happens if they do go to VCAT. Would do it in a heartbeat if anyone knows for sure they can't do so.

      • deme on 16/09/2021 - 15:12
        +8

        So you'll wait until they put it in and then you have to go to VCAT to argue?

        Your line of thinking makes no sense.

        • CMH on 16/09/2021 - 15:15

          I don't want to force their hand, plus right now I'm really wondering if anyone knows anything about this 2 week window.

  • newjerseydamo on 16/09/2021 - 15:13
    +2

    Haven't you answered your own question though?

    It's passed the 2 weeks, therefore, get your bond back. If not, take them to VCAT yourself.

    • CMH on 16/09/2021 - 15:14

      I'm not 100% sure about that 2 week limit, plus they said they may grant extentions to that if given reason (and covid as a reason sounds reasonable).

      • deme on 16/09/2021 - 15:17

        Call fair trading then

        • CMH on 16/09/2021 - 15:21

          "An application to claim the bond must be lodged within 14 days after the rental agreement has terminated."

          That's really all I have to work with at the moment.

          BTW the link just said they have 14 days to show a VCAT application. I'm wondering if there's a time limit for the VCAT application.

          • Mechz on 16/09/2021 - 15:38

            @CMH: Sounds like it's 14 days from what you've posted. Put your claim in already. Unless you don't want your bond back?

            • CMH on 16/09/2021 - 15:45

              @Mechz: I have savings, etc, and with the interest rates as it is having the money in a safe and secure place (ie RTBA) isn't much worse than sitting in my bank account.

              As long as I know I can get it all back.

              • newjerseydamo on 16/09/2021 - 15:48
                +1

                @CMH: You won't know you can get it all back until you put your claim in ……..

  • ThithLord on 16/09/2021 - 15:36

    From my understanding the Landlord is out of luck if they have not claimed within that 2 week period. Your bond return should be pretty simple. Don't budge an iota, mate

    • CMH on 16/09/2021 - 15:37
      +1

      Wasn't planning to budge, the claims they are making is crap and I have photos to show for most of it.

      • ThithLord on 16/09/2021 - 15:38

        Good work. My previous REA tried to sting us for a handyman to clean up the weeds in the yard but I had photos to show there was weeds when we first entered (even though the Entry Condition reported no weeds - I said otherwise!) but the REA were top-notch so they didn't kick up a stink, thankfully.

        • CMH on 16/09/2021 - 15:42

          However the one I deem most important, and possibly cost the most I don't have my own photos for :S

          Also, all this hopefully would never be a problem for me in the future as I no longer plan to rent.

          I'll see what the REA has to say; I have previously told them that I reject all responsibility for all the damage they noted but they're still chasing me. Reason I posted this is because they've started calling again after a week; after not calling at the time I told them I'm available.

          • ThithLord on 16/09/2021 - 15:54
            +1

            @CMH: Once that two weeks passes, they cannot claim anything (at least that's my experience in QLD).

            Good luck

            • CMH on 16/09/2021 - 15:57

              @ThithLord: Thanks, that's very reassuring.

    • ThithLord on 16/09/2021 - 15:37

      also, if you move to another rental get photos like you're a freaking forensic scientist of the new residence, to avoid such issues later. Weeds in the yard? Photo. Paint peeling on roof in the corner? Photo. Light-bulb blown on the outside deck? Note it in the entry condition report.

  • CMH on 01/10/2021 - 00:02
    +1

    Update.

    • TimmyTims on 04/10/2021 - 13:38

      Thanks for the update, I'm really not surprised you didn't hear any more. You called their bluff, I wonder how many other tenants they've done this too and kept bonds unfairly

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