LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD End of Lease - Landlord Excessively Charging for Random Things

Discussion in 'Property Law Forum' started by procrastinasian, 20 May 2015.

  1. procrastinasian

    procrastinasian Well-Known Member

    Joined:
    31 October 2014
    Messages:
    33
    Likes Received:
    10
    Hi, I am a student renting off campus near Bond University. I changed units to another one in the same complex and I was recently given a bill for exiting a unit.

    There were 5 of us living in the house when we all moved out (end of lease) and I am being charged the following:
    $50 for a microwave replacement (I am certain that the microwave did not cost $250)

    $31.25 for repairs (they did not specify what type of repairs)

    $44 for dish cleaning (we ran the items through the dish washer)

    $55 for extra cleaning (what does that even constitute?)

    I want to enquire further on this, but before I do, is this a practice common in Queensland and is it even allowable under property law?

    I heard from my colleagues that this is just how the Gold Coast operates and most of them are Canadians here only for the 2 year JD program. I am still here another 2 semesters so I am able to pursue this issue further, but I am just curious about the initial law and whether this is considered an acceptable practice in Australia.

    Any insight would be great. Thanks.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Hi procrastinasian,

    Your rights as a tenant in QLD are governed by the Rental Tenancy Authority. They have a lot of information on their website for tenants and ending a tenancy etc.

    You are expected to leave a rental property in the same condition as when you moved in. In order to assess this, an exit condition report is required to be completed on handover day when you have moved out. Its filled out by the tenants and given to the property owner and manager and then compared against the Entry Condition report which should have been completed when you moved in. The property owner or manager will then usually inspect the property and check the entry and exit condition reports, makes their own notes and send you a completed copy within 3 business days. Fair wear and tear is anticipated and allowable however any significant damage or mess may need to be paid for by the tenant. This reporting system does not apply to rooming accommodation. (I'm not sure exactly of the nature of your accommodation there at Bond.)

    Here is a list of suggested cleaning tasks that may need to be completed before moving out on the Residential Tenancy Authoity's home page: Top tips for moving out | Residential Tenancies Authority

    You are well within your rights to ask for further information about the nature of the cleaning fees and the price of the replacement microwave etc. Was it your name on the lease? Usually these things are deducted from your rental bond, but you can choose to pay for them up front. I believe they need your signature before they can deduct from you bond anyway.
     
  3. procrastinasian

    procrastinasian Well-Known Member

    Joined:
    31 October 2014
    Messages:
    33
    Likes Received:
    10
    Hi Sophea,

    Thank you so much for this information. This is in line with some of the research I have done myself. I guess the main issue would be determining what is considered "wear and tear." The microwave was not new when we moved in (and in the initial inventory it never specified the condition of the microwave, just "microwave."

    In terms of the replacements, I just wonder what would be considered an acceptable replacement. I know that we had a few of those plastic lawn chairs from Zellers in the lease, but they were broken just because they couldn't handle the weight of pretty much anyone over 190lbs. I would like to chalk this up again to wear and tear along with some of the other items they quoted such as cutting boards, a vacuum cleaner (used and was weak to begin with), mop refill and water jugs. They are charging us about 180 bucks altogether for these items but I personally think this should be chalked up to wear and tear and is a bit excessive.

    The cleaning, I know my roommates could be a bit messy, but even when I moved in to my new unit in the same place, my floors were still dirty, the top of the cupboards were dusty and it clearly was not in a condition that I would say merits charging me and my roommates a total of $300 for extra cleaning.

    I was on the lease for a room with 4 other tenants who leased their own rooms. We shared the common area together including the liability.

    Since these charges are also being applied to the 4 other people who have left the country, I'm just worried I'm being victim to the "horror stories" I hear about international students being charged ridiculous amounts after they move out simply because they are leaving the country and have no real recourse to fight these charges.

    I am meeting with them when I get a chance between classes to discuss this further so hopefully that will yield some more information about their charges.

    Thanks again for your insight. I appreciate the amount of knowledge and the links you have provided to add to my research.
     

Share This Page

Loading...