Can the landlord/agent charge me more than the bond (4 weeks rent)

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MZee

Member
25 February 2021
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0
1
I have come to a disagreement with my landlord where I argue he is in breach in contract. My landlord disagrees. I have given my termination notice with the vacate day where I have paid rent until (which was a few days after sending the termination notice). My landlord is refusing to agree that there is a breach in contract, however I refuse to remain at the property. I have applied for my bond back. If he decides to take me to tribunal and I lose my bond, is the landlord allowed to make me pay more costs? for example loss of rent? I have clearly stated my vacate date in the termination notice and refuse to stay regardless, and will be providing my keys back on that termination date.

The reason for terminate lease is because there is black mould all under the carpets and a cockroach infestation. It was only once I served my termination notice that the landlord agreed to change the carpet, cover the costs of mould removal and do a professional pest control. Prior to that, the landlord was not wanting to negotiate or come to an agreement. It has taken over two weeks for him to agree to those fixes, and we no longer want anything to do with the landlord. in the agreement he states there is no mould or pest infestation, however clearly we have found.

Q. Will the landlord/tribunal force me to pay more than the bond (rent) if they believe he was not in breach in contract, even though I think he was due to the above mentioned?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Depends on the arguments each side puts forward.

No need to panic, take it one step at a time and make sure you keep photos ready to show.

In the meantime I assume you have alternative accommodation, so just enjoy the new apartment/house.
 

Scruff

Well-Known Member
25 July 2018
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2,389
NSW
You'll need to indicate which state you're in as well.
 

Metrinity

Member
29 March 2021
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0
1
Well, just like the guys said above, it depends on the agreements that you actually had and on the contract itself. Theoretically, sure thing he can do that, easily, in case he did not actually breach the contract and it was you the one who actually made the "mistake". I have had a similar issue with my former landlord, however the situation was not that simple. All the problems started as soon as I found some rats in the house, and I told him about that. The rat problem was really serious, I even had to read this article Rat Exterminator Seattle WA Services | RatSlab as I wanted to solve it by mylself. So as last, it was a breach of contract from his side, as he had to call for derating services 2 times a year, and he did not.