VIC Residential Tenancies Bond Authority（RTBA）late submit

[Alex Ip]

Hi Everyone,

I meet some issues today which is really bugging me. My landlord inspects my house today and finds multiple damages (basically every damage in the house). I believe they are not my bad but neither my landlord and I don't have photos to prove the situation of these damages before I moved in this house because I rent the house from the landlord in private, we didn't take any photo before I move in.

Firstly, who has the responsibility to prove the situation before I moved in of these damages? If is me then I suck.

Secondly, I feel I will suck. However, when I review my bond invoice from RTBA and my landlord, I suddenly find the date of RTBA invoice (05/08/2016) is 50 days behind the date I gave bond to the landlord which is shown on the bond invoice from the landlord. I hear about landlord should submit the bond to RTBA in 30 days after she gets the bond from me so if she late submit, can I use this reason to ask RTBA return my bond fully?

This issue is very big for me, the amount of bond is $3250 which is not a small number for a Uni student! Plz help me or I pretty sure the landlord will take most all bond from me. The landlord is Chinese who is really greedy, actually today she has already implied me she want $3000 which is almost all

Furthermore, she also say she is not afraid me to sue her because she is Australia citizen who has welfare card, she can have a free lawyer and free court fee. Is that true? She can play with me until Supreme Court of VIC for free! (I almost believe it )

 

[Rod]

she is not afraid me to sue her because she is Australia citizen who has welfare card, she can have a free lawyer

Hmm, someone with an investment property on welfare?? Possibly she has not declared the property to welfare.

If your name is really IP and you are Chinese as well I'll leave the remark about Chinese alone, otherwise there is no need for stating race. All races have greedy people.

re: proving damages. The person alleging damages needs to prove damages.

re: late lodgement of bond. The landlord can be fined by the RTA for late lodgement. Max fine $9,300. She wouldn't get the max, if she gets fined at all. Her lodging late doesn't mean you get the bond back regardless of what you do.

 

[Alex Ip]

Hmm, someone with an investment property on welfare?? Possibly she has not declared the property to welfare.

If your name is really IP and you are Chinese as well I'll leave the remark about Chinese alone, otherwise there is no need for stating race. All races have greedy people.

re: proving damages. The person alleging damages needs to prove damages.

re: late lodgement of bond. The landlord can be fined by the RTA for late lodgement. Max fine $9,300. She wouldn't get the max, if she gets fined at all. Her lodging late doesn't mean you get the bond back regardless of what you do.

Hi Rod,

Thanks for your useful reply which is really helpful. Moreover, I am really sorry about the sentence about Chinese, I am HongKongness but also Chinese, I am so ashamed about what I wrote in last midnight. However, I can not find the way to edit or

delete my post may because I am new here? If I can, please let me know. I have to say I almost lost my mind last night (actually I was crying whole night )so it is not from my true heart. However, I am really confused about why my landlord hurt me like this

even though we are one people and when I go to the legal service in my university I find I am not the only one. Now I am planning to live on campus for next semester, although the room is small but safe.

Overall, thanks a lot

 

[Alex Ip]

Hmm, someone with an investment property on welfare?? Possibly she has not declared the property to welfare.

If your name is really IP and you are Chinese as well I'll leave the remark about Chinese alone, otherwise there is no need for stating race. All races have greedy people.

re: proving damages. The person alleging damages needs to prove damages.

re: late lodgement of bond. The landlord can be fined by the RTA for late lodgement. Max fine $9,300. She wouldn't get the max, if she gets fined at all. Her lodging late doesn't mean you get the bond back regardless of what you do.

I am also confused about the welfare, how can my landlord have multiple houses with welfare? Where can I report this? However, she said that she can have a free lawyer and free court fee with welfare, is that real?

 

[Rod]

re: free lawyer. Probably not. Once legal aid hear she is a landlord they will probably not represent her. Though I'm not 100% sure as we don't know what kind of welfare, if any, she is receiving.

If she doesn't give the bond back, or at least as much as you are happy with, go to VCAT. Doesn't cost much and each party generally pays their own costs.

re: Deleting post. You can't.