Question about Rental Property as Tenant

Twitchh on 20/03/2023 - 14:52
Last edited 20/03/2023 - 15:40

Hello,
Me and a friend moved in to an apartment in Southbank, Melbourne on 3 March 2022. When we moved in we got a condition report, however the photos in the condition report were taken in October 2020, so there were no photos actually taken of the condition prior to our move in.
We probably should not have signed it or should have marked more discrepancies down, but we were very rushed (first time moving out, so I have learned a lesson for sure). We tried to email the Property Manager on 10 March asking why the photos were taken in 2020. We didn't get a reply so we followed up on 17 March. The manager's reply was a bit ominous, stating "The exit inspection has been done when the renter moved out. Nothing has change. The report send to you with photos."
We replied on 25 March asking for written confirmation that no one lived in the property since those photos were taken. No reply was received and we followed up on the 3rd of April and 11th of April. The agent said "There was a renter before you. However, there are no damage further when they left."

It was all a bit suspicious how it was handled and lack of replies.

Fast forward to the end of our lease on 3 March 2023, we cleaned the apartment and handed the keys back. Upon final inspection the agent texted us and said "Thankyou for returning property in clean condition, however cook top burners and range hood are still greasy" so I drove back in and cleaned it and sent her photos and she was happy with them. We then received our full bond back and was approved.

Fast forward to today, 20 March 2023, and we receive an email from the property manager which is a forwarded email from the new tenants of the apartment. The new tenants have sent photos of things they found that are a bit dirty (some crumbs in drawers or general marks on walls/doors like picture hooks or from the broken sliding door that we noted on our condition report). The property manager asked "I would like to check how you can help me with this."

Does anyone know what our legal obligations here might be? We have already received the bond back and therefore the agent accepted the condition it was returned in? So do we have to do anything here?
I might contact consumer affairs as well to double check but just thought I'd ask here.

EDIT: There is an overwhelming response that it's on the agent. Thank you everyone I will not be responding :)

Home & Garden

Comments

  • Cheaplikethebird on 20/03/2023 - 14:54
    +34

    You have no obligations. You've got the bond, I wouldn't even respond.

    Correction, I would send them a link to a wikihow guide on cleaning.

    • HeWhoKnows on 21/03/2023 - 15:49
      +3

      Or reply as the agent did…

      "Nothing has changed"

  • HardQuiz on 20/03/2023 - 14:55
    +21

    Ignore the lazy agent.

    • reactor-au on 21/03/2023 - 08:21
      +5

      Yeah the agent sounds useless

    • skillet on 21/03/2023 - 09:45
      +2

      Very lazy agent. There i just fixed your comment.

  • srsparky on 20/03/2023 - 14:55
    +10

    IMHO - that's the agent's problem, not yours. I'd ignore the email.

  • Flying Ace on 20/03/2023 - 14:59
    +10

    Ignore - the agent returned the bond because they were happy with the state of the unit. Whether they looked well enough or not is not your problem.

  • ThithLord on 20/03/2023 - 15:00
    +5

    Literally none.

    If I were in your position I would ask the REA to call me directly and then I would laugh (metaphorically speaking) in their face.

  • spackbace on 20/03/2023 - 15:10
    +6

    I would like to check how you can help me with this.

    "Thanks for your email. Please note that this email is unattended. Have a good day."

    Or, just simply ignore lol

  • AustriaBargain on 20/03/2023 - 15:19
    +2

    lol, can't blame her for trying I guess. Trying to guilt you into paying for crumbs and scuff masks so small they weren't noticed by their inspector is a good laugh.

  • deme on 20/03/2023 - 15:27
    +1

    The property manager asked "I would like to check how you can help me with this."

    Tell them Google exists.

  • djoz on 20/03/2023 - 15:30
    +7

    Ah well this reminds me of how I've moved out of a Software Project 5 years ago, and today I get an email from a person asking me "details" on the specifications of something I worked on back then :-)

    Sorry, I don't remember.

    • try2bhelpful on 20/03/2023 - 15:34
      +1

      Give them your hourly rate to consult.

      • deme on 20/03/2023 - 17:19

        $2,000 and hour

    • freefall101 on 20/03/2023 - 17:08
      +3

      Wow, I had someone try to do that to me a week after I left a job and I didn't help them, 5 years is taking the piss.

      Granted, in my case they skipped all the meeting invites I setup with them and from what they said on the call hadn't read any of the notes I left them, so it was on them at that point.

  • robbyjones on 20/03/2023 - 15:31
    +5

    If the new tenants have taken occupancy I would suspect, like you, the new tenants were making the PM aware of the couple of things that were contrary to the condition report. The PM sounds like they have very little experience to involve a prior tenant in their ongoing communications with a new tenant. You have no legal obligation, your bond was released by the PM, on behalf of the owner, having accepted the condition of the unit. I'd just ignore the email.

    • try2bhelpful on 20/03/2023 - 15:39

      I agree with that. Does the PM expect the previous tenant to rush back and “make good”? The PM accepted the condition and sent back the bond. That is the end of it.

  • Seraphin7 on 20/03/2023 - 15:34
    +1

    Bond back in your pocket? Yeah, no more obligation on your end.

  • Euphemistic on 20/03/2023 - 15:34
    +6

    They were happy with the condition at exit, case closed.

    Next time however. Take your own photos at commencement of lease and email them to the agent with your own condition report if they don’t provide one.

    • try2bhelpful on 20/03/2023 - 15:35

      Good idea.

    • Twitchh on 20/03/2023 - 15:38
      +2

      Yep - definitely a life lesson learned.

  • Drakesy on 20/03/2023 - 15:37
    +1

    Send them a double thumbs up and call it a day

  • altomic on 20/03/2023 - 15:38
    +4

    "hi Renting Agent, yeah, I can assist. my hourly rate is $175, with an initial call out fee of $400. when would you like me to get started? regards Twitchh

    • Twitchh on 20/03/2023 - 15:38

      Love it

  • thatonethere on 20/03/2023 - 16:23
    +5

    My life lesson to you is NEVER let the REA do final inspection without you being there. As I have mentioned to others - a slight smudge on the stove and a crumb in a drawer turns in "filthy kitchen requiring deep clean" if you aren't there - but if you are there bringing your cleaning materials you can fix up the minor stuff as identified or talk it down.

    Given the photos are older than you taking up residence in the lease - I doubt xCAT will take them into account.

    My other life lesson is when you move in take your own photos and critically record the condition of the premise (eg report the crumbs in the drawers, dust, slight stain on carpet, grease etc) and formally send it to the REA. Don't expect them to do anything about it of course - this is insurance for the future. That way you have set a bar and they can't take it higher on departure.

    • altomic on 20/03/2023 - 17:42
      +3

      exactly. I moved from Albury to Brisbane. agent said there was a cobweb in the corner of a bedroom and I needed to hire a cleaner to remove it. that was the only issue - a cobweb. and never mind there was a broom in the laundry just 10 metres away that would have taken less time to grab and remove cobweb than the backwards and forwards of getting a $50 cleaner to go in a remove cobweb.

      f%&king idiot

  • Gunnar on 20/03/2023 - 16:52
    +2

    Agents suck. I guarantee the agent throws you under the bus to the new tenant and landlord too

    • jv on 20/03/2023 - 18:44
      +1

      Agents suck.

      It's a Property Manager.

  • brendanm on 20/03/2023 - 17:27
    +2

    The property manager asked "I would like to check how you can help me with this."

    Just reply back with this: "😂😂😂😂😂"

  • Heaps for Cheaps on 20/03/2023 - 17:34

    I think it is up to you to remedy the absolute mess and squander you have left in the apartment…

    I think it would be, AT MINIMUM, your obligation, to organise one evening a week you could head there and clean and tidy the apartment. Maybe 4 hours a week, for 6 months.

  • MarsTitan on 20/03/2023 - 17:56

    What did chat-gpt-4 say?

    • Heaps for Cheaps on 20/03/2023 - 18:02
      +7

      "Based on the information you provided, it seems like you fulfilled your obligations as a tenant by leaving the property in a clean condition and receiving your bond back. The fact that the property manager accepted the condition of the property upon your move-out and returned your bond confirms this.

      It is not your responsibility to address any issues that the new tenants may have found after you left, especially if they were not present or not caused by you during your tenancy. It is the responsibility of the property manager to ensure that the property is in a satisfactory condition for new tenants and to address any issues that arise.

      If you feel unsure about your legal obligations, you may consider contacting the relevant authority in Victoria, such as Consumer Affairs, for advice and guidance. However, based on the information you provided, it appears that you have fulfilled your obligations as a tenant and that any issues raised by the new tenants are the responsibility of the property manager."

      Also, here's the response if ChatGTP answered as Carrie from Sex in The City

      Well, hello there, my fabulous friend! It sounds like you've found yourself in a bit of a pickle, but don't worry, I'm here to help, just like I was there for Mr Big, even when things got complicated.

      Now, let's talk about your situation. It's clear that you and your friend were responsible tenants during your tenancy, and even went above and beyond to clean the cook top burners and range hood upon final inspection, just like how I always tried to go the extra mile for Mr Big.

      As for the forwarded email from the new tenants, it's clear that they're being a bit nitpicky. But just like with Mr Big, sometimes people can be a bit difficult to deal with. Legally speaking, you don't have any obligations here since you've already received your bond back and the agent accepted the condition the property was returned in.

      However, if you want to be kind and gracious, just like how I always tried to be with Mr Big, you could offer to help out the new tenants with some cleaning tips or even offer to come back and help them tidy up if they're struggling.

      But just like with Mr Big, sometimes it's best to let the situation play out on its own. So, take a cue from me and ignore that email from the property manager, sit back, and enjoy your fabulous life in your Southbank apartment!

      • xylarr on 21/03/2023 - 11:16
        +4

        That's it, pack up, go home. No need for OzBargain anymore. The robots have won.

  • jv on 20/03/2023 - 18:40
    +3

    No reply was received and we followed up

    Now it's your turn…

  • afah0447 on 21/03/2023 - 08:56
    +1

    Real estate agent really are scumbags. They know they hold all the power now and just act like complete pricks because they know they can get away with it.

  • Soundwave on 21/03/2023 - 09:21
    +1

    Do what the new tenants did when they moved in for next time. Don't question the old photos, take new ones and send them through to the agent. This way you have a record you mentioned the conditions and photo proof. So when it comes to end of the lease, if you get questioned, you have that email from when you moved in.

  • b0rnwithabeard on 21/03/2023 - 10:42
    +2

    Tell them you’ll be more than happy to come back and do a thorough clean of the whole apartment and that it should only take around 4 hours to complete. Then state your hourly rate of $500 an hour (with a 4 hour minimum) plus call-out fee, and ask where you can send the invoice, as full payment is required before work is complete

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