VIC Rights in relation to landlaords very questionable damage claim

[gobats]

I was renting a property that had huge 6m high by 7m wide fabric blinds. When we entered the property we did not check to see the state of the blinds however upon leaving the property we have had the landlord claim $4k to replace the blind stating it was our cat that damaged them.

We do not see how it was possible our cat damaged them as they were literally never closed for the 5 months we had our cat in the property and were in fact hidden behind furniture for the explicit purpose of not allowing the cat to get to them.

Given neither party has evidence as to the state of the blinds when we moved in, can anyone advise what our rights are here?

Thanks!

 

[Rob Legat - SBPL]

I'm unfamiliar with Victorian renting laws (being based in Queensland) - they are different state to state. However, from my point of view:

1. My understanding is that the landlord must prepare an entry condition report including all fixture and fittings. The curtains should have been included in this. Has the report been checked? Assuming there is one, match the conditions stated in the report to the curtains' current state. If no report was made, the landlord is likely in breach of the legislation and the onus should be on them to prove you/your cat caused the damage.

2. If there is a valid claim against you, then you shouldn't be up for the full replacement cost. The curtains should be depreciated in the same manner as other investment assets - a canny landlord will already be doing this. If they do indeed need replacing, you should only be liable to the extent of the depreciated value of the curtains. Depreciation is extensively regulated by the ATO, so an accountant is best placed to comment, but I understand curtains have an 'effective life' of 6 years. So, if they're older than that, your liability should be negligible.