We recently moved out of an old apartment which frequently gets damp spots and the carpet near to the window gets wet during rainfall. There has been heavy rainfall from start of the year. When we move out there a part of the carpet is stained due to those wet spots underneath a shelf . Do we have to pay for the repairs given that the carpet for that area was wet during heavy rain?
Rental Moving Out Repairs - Do we have to pay
gaz1234 on 20/10/2022 - 11:05
Comments
We didn't realise until later - but we do get emails from building management everytime there is heavy rain to inform us that the residents need to careful leaks in this building (implying that there the management knows that this is a known issue). Would reckon that be a fair enough argument?
Second Question is would it be the agent who needs to have the burden of proof that it is not a wear and tear repair aka not water damage?
What was the carpet like when you moved in? If there were already stains (even if not as big or dark) that will help. I don't know to be honest. You might end up at ACAT or your equivalent tenants dispute office. I guess my only advice would be to write professional sounding polite messages which might make them less likely to want to fight you. Good luck!
Would reckon that be a fair enough argument?
Probably not… he could be talking about any unit in the place, not specifically yours.
This seems a bit conflicting, on the one hand you're saying there are frequent damp spots, the next you're saying you didn't realise until later. Plus if the carpet is obviously water damaged that wouldn't fall under wear and tear.
You have a responsibility to report damage and care for the building, and you are responsible if you have "intentionally or negligently caused or permitted damage to the residential premises". You didn't intentionally do it, but it could be argued you were negligent in not reporting the leaking window and allowing it to happen, even though they notified you of the risk.
I've never been through a NSW tribunal situation though, I don't know if they tend to be supportive of landlords or tenants in this situation. The assumption is usually that the tenant reports damage and they have to fight the landlords to get it fixed, not the other way around.
Basically the only carpet area in dispute is the area underneath a small shelf ~30cm*50cm spot , we did not know about it until we moved the shelf
Well we'll see what they say - we did get a deep clean from their recommended cleaning company (v. expensive) during moving out and I found this previous ruling on carpets
"In McCarthy v Isagai [2009] NSWCTTT 643, the carpet was damaged by a red wine stain. The tenant paid
for the carpet cleaning. The Tribunal held that any stains left after that clean is fair wear and tear. "
you should not have to pay, assume it was likely a known issue (which they will deny or say you needed to inform them of the leak). rentals with leaks and mould issues are a nightmare that the realestate likely already knows about, but will claim ignorance. when moving from our last rental the cleaner (again expensive bond cleaner recommended by real estate) asked if we were moving because of the mould - they have cleaned after the last 3 lots of tenants and said mould was a big problem and hard for them to clean.
realestate acted surprised when we reported leaks coming from ceiling and light fittings (suggested putting buckets down to protect carpet - if leak still happening in a week let them know and they will try to get someone out to have a look) roofer who turned up had been o property before to fix leaks.
If the window was shut and you reported the leak you wouldn't think you'd have to pay.
Sounds like they didn't report the leak, which gives them a bit of a problem
Did you report it to the real estate agent when it started happening? If you gave them a chance to have the problem repaired and they didn't it's on them. If you didn't - harder to argue that you don't have to remedy it.