Landlord Made Unreasonable Deduction from My Bond

Anth0ny on 08/10/2015 - 17:06
Last edited 08/10/2015 - 19:00 by 1 other user

So, I just moved out from my old room. When I rent the room, I paid $1000 for the bond to the landlord.

When I moved out I organised a professional cleaner to steam vacuum my room and paid $100.
But the landlord complained there is a stain mark on a carpet and accused me.
She deduct my bond $350 for the stain and I think this is unreasonable.

The other thing is that she always ask me to pay rent in cash, and only when refunding the bond I forced her to pay me via bank transfer.

The room size is about 2 x 4 M and the Shanghainese landlord saying it will cost her more than $1000 to replace the carpet.
Do you guys think there is something I can do?
I live in Sydney BTW.

• 

  spackbace on 08/10/2015 - 17:20

  Have a formal lease?

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  Anth0ny on 08/10/2015 - 17:58

  no. we dont even have agreement or sign anything. no rental agent/property agent.
  This is all under the blanket

  • 

    spackbace on 08/10/2015 - 18:09

    +2

    Have fun with that then!

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  inherentchoice on 08/10/2015 - 18:49

  +1

  In QLD it's illegal to take a bond unless it goes to RTA.

  I did some quick research and it's the same in WA:

  The bond is the tenant's money and must be lodged with the bond administrator (Department of Commerce) until the end of the tenancy

  Source: https://www.commerce.wa.gov.au/consumer-protection/what-bond…

  Your landlord could be up for a $5000 fine under section 93 of the Residential Tenancies Act 1987…

  http://www5.austlii.edu.au/au/legis/wa/consol_act/rta1987207…

  But rather than reporting him, point out the fine to him and ask for your bond back. Then if you don't get anywhere you could perhaps consider reporting him to the authorities.

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  eatwell365 on 08/10/2015 - 19:26

  To be fair, if by chance you did the damage on the carpet and $350 is not reasonable, what amount do you think would be more reasonable? I would see if it can be negotiated, as it can be straightforward. My personal philosophy is sometimes we "give or take".
  Read this on fact on rental NSW.
  Could contact department of fair trading/ tenants nsw for assistance.
  No tenancy agreement but you would have ulility bills to provide you have been living in that premise.

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  mini2 on 08/10/2015 - 19:50

  +2

  There's a good chance your rent hasn't been declared on your landlady's tax return. Here we go:

  https://www.ato.gov.au/Forms/Tax-evasion-reporting-form/

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  tomleonhart on 08/10/2015 - 20:05

  No paperwork, no protection. Sorry mate :(

  • 

    oscargamer on 08/10/2015 - 20:28

    yep this

    you could report her to the ATO … she might not have declared the rent as income…

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  try2bhelpful on 08/10/2015 - 20:44

  +1

  I agree with the others. I would threaten to take report her unless you get the bond money back. I'm sure the tax office would be really interested to find about her.

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  tomleonhart on 08/10/2015 - 21:11

  +1

  You can try the ATO approach but know well that it's just a threat. The ATO just won't budge for $1000 tax missing from her.

  • 

    rompastompa on 09/10/2015 - 12:04

    $1000 is for bond. The cash $pw, for however long, is the issue. If the 'tenant' has been staying a year paying $300w, it's $15,600 + $1,000 that the government doesn't know about!

    • 

      Anth0ny on 09/10/2015 - 18:08

      $250/wk and staying a year. to be honest i dont know as well what happen and how it got stain over there. i reckon it might be when its raining i didnt closed the windows but the landlord keep insist its not because of the rain because the stain is pretty far from the windows. Plus there is no lock on the door so anyone could just go to my room and open the window. I know its such an odd, but one of the reason why i move out is because i found out at one night when i wake up from sleep one of my housemate just sneak in to my room looking at my stuff. when i asked the landlord for key installment, she refused it saying it wont happen again.
      Furthermore, the prof carpet cleaner said there was no mold. the stain already almost gone. but the prof carpet cleaner said the carpet kinda came off (sort of like burnt) and the fabric now almost gone. I guess it could also happen since the carpet cleaner use brush on it.

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  Geewhizz on 09/10/2015 - 07:25

  +1

  No, it's not unreasonable of her to want to want the room returned to her in the condition you got it. Whether she has acted illegally in not lodging your bond is a totally different issue.

  What sort of condition was the carpet in before you moved there, was it fairly new, or had it seen better days? If it was aging, she doesn't really have the right to expect you to foot the bill of having it changed for new carpet.

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  whooah1979 on 09/10/2015 - 07:55

  Op, did you stain the carpet? Perhaps with wine, coffee, tea, sauce, oil, etc.

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  ykwon10 on 09/10/2015 - 08:52

  +2

  Op, it is totally fair price $350 if you indeed actually stained the carpet. And there is no reason why you should mention her background of being Shanghainese.

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  djmatt24 on 09/10/2015 - 10:30

  Lesson to take away: When you first move into a place, take pictures of everything. That way you won't get into this kind of situation quite so much.