Rental Bond

[m.j.h]

Hi all

Asking here as I know everyone is smarter than me when it comes to stuff like this

Stepdaughter has moved out of a rental property and due to some scratched glass on a sliding door she is not getting any bond returned.

Now the landlord is trying to charge another $600 on top as they claim the glass can't be replaced and a new door is needed.

Now my question is can the landlord do this legally?

As I understood it the bond is to cover any damage and that's all the landlord is entitled to or am I wrong?

Thanks

Martin

[kaneryan]

correct. if there are charges to be made at the end of the lease due to damage. then it comes out of the bond. for example. if the bond was $2000 and the glass that was scratched was $600 to replace then she should get back

$1400. or she can choose to pay the $600 out of her own pocket and get the full bond back.

[kaneryan]

If you disagree

If you cannot agree with the agent or landlord about how the bond should be paid out, or if you feel that they are taking too long, you can lodge a Claim for Refund of Bond Money form yourself without their signature on it. This will start the ball rolling but the bond will not be released immediately.

Fair Trading will post a notice to the agent or landlord giving them 14 days in which to contest your claim by applying to the NSW Civil and Administrative Tribunal. If they do not apply within the 14 days, the bond will then be paid out as per your claim. If they apply to the Tribunal the bond will be held by Fair Trading until the dispute is settled. The landlord or agent will need to attend a hearing at the Tribunal and present evidence to back up their claim. You will receive a notice from the Tribunal if they apply. You should also attend the hearing and bring evidence to support your claim.

Challenging a landlord's claim

If the landlord or agent lodges a claim first, without your signature, Fair Trading will send you notice giving you 14 days in which to contest the claim. You can contact the agent or landlord and try to get them to change their mind and lodge a new claim form signed by both of you. If that is unsuccessful your only option is to apply to the Tribunal within the 14 days, otherwise the bond will be paid out as per the landlord's claim.

If you lodge a claim with the Tribunal make sure you complete and return the Notice of claim slip to Fair Trading as mentioned in the form. Fair Trading will then hold the bond until the Tribunal makes a decision.

Within 7 days of lodging the claim they must send you copies of the final inspection report, along with any estimates, quotes, invoices or receipts relating to the claim. If they fail to do this you should raise it at the Tribunal hearing. You should also tell the Tribunal if you were not given a reasonable opportunity to be present at the final inspection, and if you disagree with what was written in the final condition report. You should also show any evidence you have to support your position.

Claim by your landlord

The main reasons a claim may be lodged against your bond are:

• if you still owe any rent or have unpaid water usage bills
• if you broke the lease early and haven't paid the break fee or other compensation payable
• if you didn't hand all the copies of the keys you were given and the locks needed to be changed
• if you caused damage or didn’t leave the premises in a reasonably clean condition, compared to the original condition report, apart from normal fair wear and tear.

This is not an exhaustive list. There may be other legitimate reasons for the landlord or agent to make a claim against your bond, such as the cost of disposing of goods you have left behind.

[kaneryan]

http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Renting_a_home/Ending_a_tenancy/Getting_your_bond_back.page

[Longz]

Real estate's are scum bag's once i had a small carpet stain " cost $150 to patch carpet " real estate told me not to do it bla bla tried to charge me $600 for the entire carpet almost punched him out.

Best way is to take it to the tribunal make sure you don't sign anything and take lots of photo's if the damage is exaggerated or over charged. Also if you can get the glass fixed yourself thru your own guy you to make it look new.

[SargeRX8]

How much was the bond? I think you're being taken for a ride. DO NOT sign anything. I'm going to assume these are aluminium doors since you said they're sliding doors.

Put it this way, if the thing is aluminium, it can be taken apart. They're not welded. They're held together with simple fasters which can be undone so if glass is ever broken, it can be replaced easily. A scratch too. What an insult, tell him to prove you guys put the scratch there. How on earth do you scratch glass unless you went at it with sandpaper, diamond bits, knives or used it as a walking surface??? We have had glass doors here for nearly 12 years, 7 people in and out, not a single scratch on them.