Hello, I have finished my tenancy agreement and I was leaving in three bedroom. In every bedroom there are few stain such as wine and all but not bigger then one to two inch. And the owner wants me to put new one. He called the carpet man and fixed the rates which is $3500 and there are some marks on second wood floor and soon he will quotes for this as well. The house was not new when we moved in and he wants it be be like new. He said to us that do we have a good lawyer and we are afraid to go to court so we donāt have a choice and we donāt know any thing as we are international student and innocent. Thanks
Welcome @Dechen to the community.
Sounds like you need some good advice on your rights as a tennant, because this landlord is trying to make you pay for things that would be normal āwear and tearā.
Each state will have a service you can call for free advice and help. Some are Government, but there are also associations.
Which state are you in? Perhaps we can direct you to who you can contact.
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In Qld and it probably is the same for every State and Territory, there is a Tenancy support group who can offer help and advice. We cannot give you any legal advice on this Community but we do have a listing of free consumer legal advice centres that may be able to offer you advice and help as well Free Legal Advice Centres.
As @Gregr notes if you advise what State or Territory you are in, others may be able to point you to services that are where you live, that can help.
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As you may be in Perth, WA, it might be worth contactingā¦
for advice.
They will know standard tenancy agreement requirements and what is reasonable under the tenancy agreement.
I also hope you have photos of the property when you moved in so you can support any claims you have about its condition.
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You do need to get some proper advice but in the meantime, did you take photographs when you moved in and when you left? That would be a way to show whether or how much the condition changed during your tenancy. (Itās a good thing to do in your new place too.) Also, did you get a condition report when you moved in? This should be a detailed report room by room and note any existing scrapes, stains or other defects. This report should then be used when you exit to compare what was with what now is. Fair wear and tear would not normally be the responsibility of the tenant to fix.
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Hi, I am back.
After that I went to the consumer protection and told all my story. They have recorded all my points and said not to worry. The consumer protection member send me to hand over the key and take all the photo of the property and by the time I reached there the owner sent carpet man and removed all the carpets including the floors and all rooms where floors carpets do not have any stain and he sent me the bill invoice of 3500$. But I have all the photographs of carpet and floors. The agent who did the final inspection said all good except the crack on toilet pot so we fixed the toilet pot and she ticked in all that property is good but next day owner came and he said itās not okay.
And the wooden floor also l, I texted owner that I will find some one as it is just a scuff of dragging rubber chair but owner sent some floorboards man there and he want it to make it new. And one Australian old guy help me and he told that floorboard person that, āwho sent you mateā and the floorboard man called Bruce told that the owner sent him as the floorboard is damaged and need repair. So i asked him where is the damage? And the floorboard man was shocked himself that there isnāt any damages other than the scuff marks. I have a voice record of all the conversations as well. And the agent is calling and texting me to better give him the money that is $3500 for carpets and some more thousands for floors after getting the invoice. The agent told me that owner is a lawyer himself and he will sent us to court. I have missed one week classes and assignments as my mind is also disturbed. For me 8k dollar is a big thing. I only work 24 hours.
If the owner charged few thousand bucks I would pay but he is removing all the carpets and putting it new. He removed the carpets where there is no stains as well.
Thatās not it.
The owner agent is trying to sell the house and that agent called Simon texted my friend who stayed with me every time that we have to move ASAP before our tenancy term ends as they are selling the house. Every day the agent called Simon texted my friend that,ā mate you got houseā. He even sent some pictures of house if we like it so we can move. Because of his pressure we moved into another house before the tenancy term ends but again the owner says he we have to pay the rent till the term finishes and he donāt know anything.
Lots of thing to write but will keep it that much.
Thanks for the comment and concern guys. God bless those innocent and poor people around the world 
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Moderation of the topic has resulted in a change to the topic heading from the one word āHouseā as it was first titled. The new and longer title will make it easier for others looking for similar discussion/content. It more completely describes the recently added experiences posted.
It is reassuring to hear you have some support.
The same service should also be able to provide further guidance on tenancy rights essential to be aware of into the future.
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As long standing renters we have learnt that upon entering a new lease thoroughly inspect the property, take photos of EVERY mark and stain, no matter how trivial it appears, note these marks on the entry documents if they are not already noted. IE if entry document says 'bedroom one, carpet good condition no stains; and you find a stain then write on the entry document ābedroom one stain on carpetā and take date stamped photos as evidence.
Iām afraid if you didnāt document these stains when you moved in, or alternately, you are responsible them, thereās probably not much you can do except put it down to lesson learnt.
You MAY be able to claim fair wear and tear but stained carpet doesn't really fall into this category.
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True, one needs to be very particular and careful.
As to the costs some landlords and agents know better. Some do not!
The value of floor coverings such as carpets are depreciated in the owners tax returns. In general claims for replacement of damaged carpets by a landlord are discounted based on the age of the carpet. Depending on the circumstances and condition they may even be dismissed. The following link should be considered as providing only one view of many, however it suggests there can be substantial scope to challenge a claim that may be unreasonable in its expectations.
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I think that if the managing agent gave an all good end of tenancy check with no further repairs to be done, if I was in that position I would dispute both the witholding of all or some of the bond, and any further demand for payment from the owner.
If the owner wants to put all new carpets in to sell the house, to make it look like new, then that is not repair. If the carpet is ten years old or more, then it is āend of lifeā anyway, and is not something that has any value to be compensated for.
If the owner is a lawyer, then they know the process. And that is in most states, they would have to go to the state CAT for a ruling. And getting to a hearing in CATs could take many months. Meanwhile, it is all the ownerās problem, not the tenants, who has moved on to live elsewhere.
I would call their bluff and not pay. My opinion only though, having been both a tenant, and a landlord.
Edit: There seems to be another issue with the original posterās situation. And that is the owner wanted to end the lease agreement early. To get the tenants out and the house ready for selling. If anything, the owner should be paying compensation to the rentors!
The owner cannot demand rent be paid if it is they who have forced the tenants out prior to the lease end, which has been broken by the owner. Once the tenants have vacated of course.
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The property manager put pressure on the tenants to move into another place as the house was going to be sold very soon. But were the tenants served with a proper notice to vacate because of selling?
If not, it would look like the tenants moved out before the end of the leasing agreement and are the ones responsible for breaking the lease?
There seems to be a lot of miscommunication between the property manager and the property owner which shouldnāt be the renters responsibility: if during the rental period they have dealt with the agency: lease agreement, maintenance, etc. how does the property owner come into dealing directly with the renters now?
Thereās some excellent advice in posts above about getting in touch with Tenants services in the State you reside, and you also have a right to an interpreter in any dealings concerning the tenancy @Dechen.
PS About being asked to pay for all new floor coverings: let them know youāre taking them to vcat and youāve got photos of the negligible stains, and see how they like being on the waiting list for about 3 years (at the moment) before the tribunal hears the case!
Just considering the OP experience with renting.
From:https://www.education.gov.au
'A 2022-2023 release by the ABS shows that the Education export income to the Australian economy was worth $36.4 billionā
and yet:
From: https://www.law.unsw.edu.au (July 2019)
Conclusion and Recommendations
A considerable proportion of international students in Sydney (and other Australian cities) do not currently enjoy the basic human right to live in a place that is legally and physically secure, affordable, accessible, habitable, and has the facilities necessary for its occupants to live in security, peace and with dignity. A range of actions can be taken by the NW and Commonwealth governments, local councils, education providers and other key stakeholders to reduce studentsā vulnerability to deceptive and exploitative conduct by landlords and others, and enable them to obtain assistance and swiftly obtain remedies when their rights are violated.
Itās appalling that international student are still left on their own when it comes to living arrangements while they study here, as the OP has said the stress is affecting their studies. In their case itās clear that thereās been unscrupulous and unfair conduct from the property manager and the owner taking advantage of the vulnerability of inexperienced tenants new to this country: just try to ask long time residents/tenants to pay for new floor covering throughout the property because of a few stains and scuff marks.
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The OP doesnāt really say. Was there a notice to vacate and terminate the lease early because of an allowable reason, such as owner wants to move back in to live in their property?
Or was it a notice to vacate at end of lease, indicating there would be no continuing tenancy either with a new lease offered, or a month-to-month rollover continuation?
