Advice Wanted - Private Rental Agreement - Landlord

LoOoter on 05/12/2023 - 16:46
Last edited 05/12/2023 - 20:29 by 1 other user

I have privately rented out my apartment to tenants for 5 months, the tenants have been paying on time, and provided a 4 week bond. The tenants are Sth American and have been playing music very loud and late at night. After 1 month into the agreement, the tenants have received multiple noise complaints from neighbours, and we have received 2 formal letters from the building/strata manager referring to breaches of the Noise Control Regulation 2017 possibility to face fines up to $5,500). I have been put into a position to kick them out as they have breached multiple terms and conditions of the contract and I do not want to risk facing the fine. They have been provided with 2 weeks notice.

I am looking to keep the full, or most of the bond through the following. As part of the signed private rental agreement, there is a condition which indicates the tenant will be penalised 2 weeks bond for the termination of the contract. The full sets of keys have not yet, but will be returned until 1 week after the end date both landlord and tenant agreed on (thus, 1 week charged), and fees such as pest control/cleaning, replacing existing furnishing and disposal of their furnishing, and unpaid utility arrears pending.

Additionally, there were only 2 tenants which signed the agreement but there were at least 3 to 4 people residing there.

Do I have the correct grounds to keep bond due to these reasons? if not, what happens if they raise it to court/fair trading/ or any other relevant bodies?

Advice is much appreciated,

Cheeers

Edit: thank you for the feedback, will do the right thing

Travel

Comments

  • Drakesy on 05/12/2023 - 16:57
    +8

    Ahh Ozbargain landlords,

    Grabs popcorn.

    • MS Paint on 05/12/2023 - 17:11
      +2

      @scotty is set to rename domain to…

      oznubelandlord.com.au

    • HeWhoKnows on 06/12/2023 - 07:52
      +2

      Definitely No!

      YOU are terminating the lease agreement due to breach of conditions.

      As long as they leave the place clean and tidy and pay rent up until the day they vacate you MUST RETURN thier bond.
      (But I doubt all that will occur)

      Lesson learnt…
      Now go and get a decent property manager

  • Almost Banned on 05/12/2023 - 17:01
    +7

    You are not permitted to levy a penalty.
    What you are entitled to do is recover your actual losses by way of compensation.

    • jv on 05/12/2023 - 20:28
      -7

      You are not permitted to levy a penalty.

      "The tenants are Sth American and have been playing music very loud and late at night."

      • Drakesy on 05/12/2023 - 21:00
        +2

        Getting boomer vibes here JV

        Does that mean I can sue my neighbours because that have loud coitus sessions every night?

        • jv on 05/12/2023 - 21:00
          -2

          Have you been to Cuba lately ?

          • Drakesy on 05/12/2023 - 22:13
            +1

            @jv: If i wanted to get Fidellled and Castrorated i'd just go to my local church or even ask my landlord if they'd oblige

          • bobwokeup on 06/12/2023 - 12:30

            @jv: We are in Australia not Cuba!!

  • samfisher5986 on 05/12/2023 - 17:02
    +11

    You should probably get a property manager as you don't seem to understand how to be a landlord.

    Playing music is not illegal, therefore if you evict them you have no grounds to take their bond.

    You can't take the bond for pest control and replacing things not related to direct damage by them and you shouldn't be assuming that they won't dispose of their furnishings and not pay the bills. In addition, they can easily claim the bond immediately and make you fight for that bond so its best you act in a way that assumes you won't get anything.

    • bobwokeup on 06/12/2023 - 12:33
      +1

      Exactly OP needs to issue breach letters first and definitely can’t take bond for that.

  • ihbh on 05/12/2023 - 17:07
    +1

    Additionally, there were only 2 tenants which signed the agreement but there were at least 3 to 4 people residing there. Do I have the correct grounds to keep bond due to these reasons?

    When you found out more than 2 were residing there, did you inform them that you'll be keeping their bond due to this, and did they agree?

  • Puglife on 05/12/2023 - 17:12
    +9

    Title should read " Do I have the right to take all the money as per the terms of being a scumlord?"

  • churningNburning on 05/12/2023 - 17:13
    +13

    Another LL trying to steal a tenants bond.

  • star-ggg on 05/12/2023 - 17:17
    +6

    How do you justify penalising them for terminating the contract when you initiated the termination?

    • jv on 05/12/2023 - 20:30

      for terminating breaching the contract

  • bobbified on 05/12/2023 - 17:21
    +5

    Do I have the correct grounds to keep bond due to these reasons?

    It takes a shitty person to try and screw over foreign tenants who probably don't know/understand the local rules. You give landlords a bad name.

    • ThithLord on 05/12/2023 - 17:23
      +4

      You give reinforce landlords a bad name.

      • bobbified on 05/12/2023 - 17:24
        +7

        Too late - OP's gone 😂

        (but will prob find him/her in the WP forums with the same question!)

  • ThithLord on 05/12/2023 - 17:27
    +14

    Original post for the too-lazy:

    I have privately rented out my apartment to tenants for 5 months, the tenants have been paying on time, and provided a 4 week bond. The tenants are Sth American and have been playing music very loud and late at night. After 1 month into the agreement, the tenants have received multiple noise complaints from neighbours, and we have received 2 formal letters from the building/strata manager referring to breaches of the Noise Control Regulation 2017 possibility to face fines up to $5,500). I have been put into a position to kick them out as they have breached multiple terms and conditions of the contract and I do not want to risk facing the fine. They have been provided with 2 weeks notice.

    I am looking to keep the full, or most of the bond through the following. As part of the signed private rental agreement, there is a condition which indicates the tenant will be penalised 2 weeks bond for the termination of the contract. The full sets of keys have not yet, but will be returned until 1 week after the end date both landlord and tenant agreed on (thus, 1 week charged), and fees such as pest control/cleaning, replacing existing furnishing and disposal of their furnishing, and unpaid utility arrears pending.

    Additionally, there were only 2 tenants which signed the agreement but there were at least 3 to 4 people residing there.

    Do I have the correct grounds to keep bond due to these reasons? if not, what happens if they raise it to court/fair trading/ or any other relevant bodies?

    • LFO on 06/12/2023 - 11:07

      Conveniently ommited parts:

      Advice is much appreciated,

      Cheeers

      Edit: thank you for the feedback, will do the right thing *

      (* My bolding)

  • LanceVance on 05/12/2023 - 18:30
    +6

    I don't see the landlord as a horrible person for wanting to kick the tenants out. Playing music really loudly at night is really annoying, so he's doing the other residents a favour. Wanting to keep the bond for that reason alone however is not correct. If the tenants have cause damage to the property then keeping the bond up to the value of the repairs required is fine. The same goes if they have left a bunch of furniture there, when you vacate a property you are supposed to return it in the condition it was when you moved in (aside from reasonable wear and tear), so if the landlord has to spend extra money to dispose of their goods then I don't see an issue with that being deducted from their bond.

    The biggest issue with this post is that apart from the extra residents and loud music, their other supposed breaches of contract were never specified. Therefore it appeared like the OP wanted to keep their bond for those 2 mentioned reasons alone.

    Thoughts?

    • freefall101 on 05/12/2023 - 19:12
      +5

      Basically OP thought they were entitled to money when they’re clearly not.

      • jv on 05/12/2023 - 20:32

        when they’re clearly not.

        How do you know they are not?

        • freefall101 on 05/12/2023 - 21:21
          +6

          Because I have a basic understanding of rental law and how it applied to OPs post where they wanted money for nothing.

      • LanceVance on 06/12/2023 - 12:23

        It isn't clear whether they were entitled to keep the bond, not enough detail was provided.

    • LFO on 06/12/2023 - 11:02

      wanting to kick the tenants out

      Well, sound a bit extreme.
      How about NOT renewing the lease?

      How about asking them to turn it down?

      Is the dwelling such a "paper thin walls" perhaps?

  • Typical16-bitEnjoyer on 05/12/2023 - 19:14
    -2

    Additionally, there were only 2 tenants which signed the agreement but there were at least 3 to 4 people residing there.

    If you rented your place out to a couple, and they had a baby, would you keep their bond?

    Same diff.

  • Typical16-bitEnjoyer on 05/12/2023 - 19:15
    -1

    [Deactivated] in 3….2….1…..

  • elgrande on 05/12/2023 - 20:07
    +5

    OP is the reason why I would never rent private.

    • jv on 05/12/2023 - 20:36
      -2

      Yeah… Housing commission flats is where it's at !!!

      • Drakesy on 05/12/2023 - 21:04
        +1

        Ooof

      • Clear on 06/12/2023 - 02:00
        +1

        Personally I Airbnb out every room in my house, the garage and shed both converted to granny flats that the council don't know about and a swag in the backyard.

  • [Deactivated] on 05/12/2023 - 22:39
    +1

    Got to love checking these posts to see how deluded and clueless some people are. Are these even real questions or are they just created for content

    People cant be this dumb can they?

    • LFO on 06/12/2023 - 10:56

      They are.

      They got an obscene mortgage for an investment property and wonder why they are not making "billions" out of it.

  • localhost on 05/12/2023 - 22:44

    Any real damage to your property to keep bond? Don't be an ***hole…

  • Fredfloresjr on 05/12/2023 - 23:17

    Get all their money but be careful. Muricans have bangbang.

  • tabitha731 on 06/12/2023 - 07:46

    These are the exact reasons i refuse to buy an investment property to renters…. Most renters have zero idea of how to live in a civilised society or know how to look after a property or be considerate of neighbours.

  • dtxau on 06/12/2023 - 07:55
    +1

    Probably won't get a response from OP, sounds like the bond was never lodged?

    • bobbified on 06/12/2023 - 09:30

      OP's probably spent the bond and now looking for reasons to not have to cough it back up! lol

  • singlemalt72 on 06/12/2023 - 09:02

    You have grounds to recoup costs though the bond which are reasonable, ie. any penalties as set out in the agreement and any reasonable cleaning/remediation which you should fully cost (if doing yourself) and keep records/receipts in case they submit a claim.

  • LFO on 06/12/2023 - 10:54

    OP, did you ask the "dreaded southamerican tenants" to be less noisy?
    Have you approach them?

    A bit off topic but, would it be different if the dreaded tenants are indigenous Australians????? Or Poms??? Or Yanks??? Or Chinese??? Does it matter???

    • bobbified on 06/12/2023 - 11:38

      A bit off topic but, would it be different if the dreaded tenants are indigenous Australians????? Or Poms??? Or Yanks??? Or Chinese??? Does it matter???

      If i was the landlord…. Yes! It would make a difference! If they were chinese I could at least understand some of their music! 😁

  • Cheaplikethebird on 06/12/2023 - 12:02
    +1

    Just give them the f***ing bond you grub that way they might have a chance at not spending Christmas homeless.

    They haven't actually incurred any additional costs to you except for having to relet which will take you all of about a day in the current market.

  • TilacVIP on 06/12/2023 - 21:28

    The LL will be keeping the bond. If I'm a betting man, his place will not be the same as it was when the South Americans moved in.

    There have been banging parties going on in that joint, you think it will be the same as before they moved in.

    I say no.,, TBC…… if the OP comes back and fills us in.

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