Hi, I have vacate a rental unit, where I spent 7.5 years.
Landlord is renovating the kitchen and bathroom. I spoke with him and he said I had to clean the stove/oven but everything else would be okay.
I collect my stuff, vacuumed the place.
Now Landlord wants to claim steam cleaning the carpet. He said the place has a strong odour of cats. Now landlord has been to my place many times before and never said a word. Obviously he was always against the cats, but new legislation in Victoria said I could keep pets. Cats do not smell (even if you don't like cats!).
The cats have never damage the carpet, never peed or poop on it, and always used the litter box in the laundry area.
I reminded them the carpet is over 7.5 years (it was already in place when I moved).
I said I will not pay the $100 and we can take to the court. REA said I signed the contract. I replied saying that it is not enforceable under Tenants Union of Victoria.
Any tips of what to do next?
I am under the impression he wants to renovate and use my money to clean the place. Renovators will be going through the carpet.
TIA
*Before any one say, if you rent you do what landlord say or buy your place. Yes, I bought my place so I don't pay exorbitant rent.
Hmm… a quick google search found a few things for you on the legality of contracts asking for steam cleaning.
1) Consumer Affairs - Victoria - Fact sheet in easy English on ending a tenancy.
https://www.consumer.vic.gov.au/library/publications/resourc…
Before you move out.
You must
• pay all bills and rent you owe.
• clean the home.
• take all your things with you.
• get the carpets steam-cleaned if your lease says this.
• give all the keys to the landlord or agent.
• give your new address to your landlord or agent.
2) Consumer Affairs - Victoria - Facebook page - https://www.facebook.com/ConsumerAffairsVictoria/posts/do-i-…
Do I have to steam clean the carpets when leaving my rental property?
If you have looked after the carpet and left it clean, your landlord does not have an automatic right under Victoria’s residential tenancy laws to demand professional cleaning.
However, **a tenant must abide by the conditions of the lease that they signed – it is a legal contract. If it requires the tenant to have the carpet professionally cleaned at the end of the lease, the tenant must do so or risk legal action for breach of contract. **
3) Not applicable in your case since you are in Victoria; but in NSW, it is actually in the Residential Act clearly
(3) However, a residential tenancy agreement may include a term that requires the carpet to be professionally cleaned or requires the tenant to pay the cost of such cleaning, at the end of the tenancy, if the landlord permits the tenant to keep an animal on the residential premises.
4) There was a case in VCAT where the tenant won - http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT…
The key difference from your case is that they had rented for only 6 months and did not have pets. Your landlord could argue that you do not return it in a reasonably clean state because he could still smell the cats.
Upto you if you want to take it to VCAT or not.
This is actually not correct. They have updated their advice on other portions based on the VCAT decision. Just because you put something in a lease agreement doesn't mean it's legal and enforceable, I think people have this misunderstanding that you can just chuck anything you want in there.
The new guidance states " “This, however, can be seen as an invalid term, as it is asking for something beyond ‘reasonably clean’. In many cases, steam-cleaning may not be necessary.”
The place just needs to be left reasonably clean. I would call their bluff. They will have to pay the agent's fees for VCAT which can't be claimed back from you and it will take 8 to 12 weeks just to get a hearing date.
How are the carpets reasonably clean if a non-cat person walks in and smells catbutt all over the place?
Because they are 7 years old. Far past their replacement life. VCAT would tell the owner/landlord to pound dirt due to depreciation… Remember the landlord will also have been deducting all this stuff for taxes.
https://www.vcat.vic.gov.au/sites/default/files/2020-07/Usef…
Start reading on page 5.
1) "The burden of proof rests with whoever brings an application to VCAT. This means that an applicant must produce sufficient evidence during the course of a hearing to support what they say, and to prove their case."
2) "VCAT’s task is to consider the evidence that the parties bring to the hearing and decide if an applicant has proven, through evidence, their claim. VCAT considers whether the loss is reasonable, having regard to the general conduct of the parties, the age and condition of any items damaged, whether items have been repaired or replaced, and whether attempts have been made to ensure the loss is the least that is reasonably possible."
3) The replacement age of residential carpet is reasonably 8 years. So you are looking at a nearly 90% deduction should you even begin to approach a claim in VCAT.
@meowsers: The landlord wants his carpet cleaned to eliminate the catbutt smell, he or she is not asking for the carpets to be replaced.
How does anything you've linked apply to this now disabled users scenario?
1) owner and real estate agent provide statements evidencing catbutt smell
2) owner provides receipt of $100, or a quote from handyman etc.
3) owner is not replacing carpets. It's a cleaning bill, not too dissimilar to a cleaning bill for crayon on walls, or unclean ovens, kitchens, toilets.
@ankor: Just sayin if my tenants left the place clean and only issue was carpet smelt of cats.. 0 chance id do anything about it unless it was (badly) visibly damaged. I say call their bluff, sounds very unreasonable.
I guess there are always crazy ppl around.. but def not worth doing anything further on landlords behalf imo
@wozz: Not really crazy people, I've been looking at buying a home and going to open homes. About half of the ones that have been rented, you can tell as soon as you enter the front door that they have had pets there. It immediately turns me off and there would have to be big reasons to overcome that initial reaction.