Landlord Wants Us to Pay for a Few Small Dents despite Already Repainting Entire House

MindGrenadius on 16/07/2024 - 16:51
Last edited 16/07/2024 - 20:00 by 1 other user

Bit of a funny one that I thought would warrant a good discussion on OzBargain;

Just moved out of a rental we were in for 6 years - when we moved in the paint was a bit tired with a few nicks and dings around and at that time the property manager said they said they will likely paint after leave.

Fast forward, they were indeed repainting the whole thing and they asked if we would let a painter have access for a quote just after we gave our notice for the owners daughter to move in. We agreed. I spoke to the painter and he said he would have all of that gear out anyway and any of the few marks we left (not all were from us - probably around 3 or 4 out of about 15 total) are a 2 second swipe. We didn't think too much of the walls because the whole thing was being done and all that is part of that job.

Now after their outgoing they initially wanted to get a handyman to come and patch the holes, and we explained the painter will do that as part of the prep for the full repaint they organised prior to us leaving and now she's come back saying they're going to try and get us to pay for however much he charges to fix those (despite already needing to do it for the entire house anyway). I asked the painter & he did scoff when I said they wanted us to pay for those and said it was pretty much them double dipping given he needs to do it anyway to prep the walls & a bit greedy

What say ye, OzB? Does this sound reasonable or textbook case of property manager/landlord greed?

• 

  askbargain on 16/07/2024 - 16:56

  +4

  Bet they know the handyman

  • 

    El cheepo on 16/07/2024 - 17:38

    +1

    Yep, friend or relative.

    Or

    They really didn’t like the OP and are trying it on.

    Or…

    Just another DB REA thats shafting a tenant by not giving full information to either party.
    Eg: telling the LL, “they were great tenants, theres a couple of small marks though. Don’t worry we will just take a few bucks off the bond”.

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  spackbace on 16/07/2024 - 16:57

  6 years - fair wear and tear, if they were minor marks

  Depends how you've left things with the landlord as well, if you've done anything to get offside with them

  • 

    MindGrenadius on 16/07/2024 - 17:03

    +1

    Everything was always pretty rosy, property mgr was always saying how nice we kept it.

    Not so much the marks as it is them redoing the whole thing anyway. If they weren't repainting we would have have already fixed them no questions asked. Almost like someone wanting a carpet patched before putting a brand new one in

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  quanttrader on 16/07/2024 - 17:08

  +8

  Do nothing, and tell them it can be reviewed by tribunal if they want to take this further. Get your full bond back. Remember, It'll very likely cost the landlord to go to tribunal to have this case looked at (usually property manager does it on behalf of LL for additional fees).

  Dents can be repaired by spak fill in a few minutes tops. You could do it yourself for $10-15, worst case.

  Think they're bluffing and being unreasonable. I wouldn't pay, tell them it's reasonable wear and tear. If they want to take it further discuss in tribunal.

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  Seraphin7 on 16/07/2024 - 17:11

  +2

  Have you informed the property manager/landlord (1) the items they are discussing are "fair wear and tear", (2) are in any event are simply a part of the preparation the painter will do generally (i.e. there is no specific patching required), and (3) that you have had this conversation with the painter at the time of his attendance?

  And if so, what was their response?

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  BOGOF on 16/07/2024 - 17:14

  +3

  I suspect they have had the painting quote, and decided to do it themselves, hence the handyman costs to prep.

  Just fill and sand the holes yourself. The painting will have to be done anyway after 6 years.

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  ihbh on 16/07/2024 - 18:24

  D*ck move by the landlord. Rather that waste time arguing, just get this and a spatula - $21 (https://www.bunnings.com.au/gyprock-csr-2-25kg-less-mess-mul…)

  If I'm changing carpets, I'll make sure to tell outgoing tenants not to bother cleaning it, etc.

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  rbljay on 16/07/2024 - 19:07

  Currently dealing with similar case. Been 20 years and was in contract off a previous lessee and he bought if off another one before that. Agent has been giving a a growing list of "repairs" after we finished every one of them (1k out of our pockets, off a 5k bond). Might as well renovate for the next lessee at this point! Anyways, in dispute to the mediation team to get our bond back before we go onto the next tribunal stage.

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  Porker on 16/07/2024 - 20:53

  +2

  Based on the information provided, I'd say the landlord is trying to double dip.

  However, the extent of the damage is unclear and also unclear if, for example, the sought costs pertain to something else. While OP says it's for an already repaired or to-be-repaired item, there are two sides to every story.

  OP might be better off just going and getting some putty and addressing the damage themselves. That'll also shut up the landlord if they are trying to double dip.

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  JIMB0 on 16/07/2024 - 21:29

  +2

  Put in a claim to get the bond back before they do.

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  Xetrok on 17/07/2024 - 00:50

  +1

  You mentioned the painter will prep the marks you left behind, but mention the handyman will patch holes.
  Can you share some photos of what both you and the landlord are referring to please so we can make an informed internet decision on whether this is wear and tear or negligence.
  Thanks!

  • 

    MindGrenadius on 17/07/2024 - 07:39

    I don’t have photos but one is a 5c piece sized mark from a corner of a table and the others are even less

    Not so much whether it’s wear and tear or negligence, just that they want us to double up on the job they already engaged in - in the words of the painter he’s already going over all of the walls and has his plastering stuff out, the few marks we left are a few seconds with his blade each.

    If they weren’t painting I would have 100% fixed any marks we left.

    • 

      BOGOF on 17/07/2024 - 08:56

      +1

      Then just repair the dents/holes. Some filler, a spatula and sandpaper, will cost next to nothing in time and money.

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  DingoBilly on 17/07/2024 - 08:51

  You're relying a lot on what the painter says and ignoring the agent/handyman entirely.

  It's hard to know which person is right here. It could be the agent/handyman are double dipping. It could also be the painter has no clue what he's talking about and a handyman does need to come through first to fix the issues.

  Basically impossible without seeing your property and the damage and the full discussion to know what's right.

  • 

    MindGrenadius on 17/07/2024 - 19:12

    The painter has seen the property for the quote. He said all the marks were just minor and he'd be going over everything like picture hooks etc anyway

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  try2bhelpful on 17/07/2024 - 09:44

  +1

  https://tenantsvic.org.au/advice/common-problems/bonds/

  Apply for your bond. I suspect the owner will fold if they have to go into dispute mode. I suspect they will claim the repaint against the taxes for a rental property even though the daughter is moving in.