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Deposit Refunds & Maintenance Issues In Which Tenants Are Liable

Category News: Residential

Renting a property is an attractive option, especially for those who are saving to buy their own home, or if they don't want to be burdened with major maintenance and repair costs. However, there are several associated and sometimes unexpected expenses relating to rental properties that should be considered when signing a lease agreement.

 

Moving houses is always stressful! Packing, organising removal companies, the outgoing or exit inspection and the refund of your damage deposit all add to the anxiety. 

 

The refund process is not as straight-forward a process as tenants assume. Firstly, the tenant needs to make themselves available for an exit inspection. The agency or landlord will coordinate such inspection and once completed this is compared to the incoming inspection and tenant defects list. Ensuring the property's cleanliness also forms part of this process. 

 

Items a tenant should attend to before the inspection include replacement of light bulbs, cleaning the property, tightening of bathroom fixtures (soap holder, toilet paper holder, towel rails), painting and patching of any walls (paint is to be applied to the entire wall so as not to create a patch paint effect) if the property is carpeted, have them professionally cleaned - and any general maintenance issues. 

 

The tenant is welcome to employ the services of a contractor to undertake repairs at their cost should the need arise, however, this must be done before the exit inspection. 

 

'Fair wear and tear' is defined as 'deterioration or depreciation in the value of the property by ordinary or reasonable use'.

 

The rule of thumb is that if a tenant has damaged something that does not normally wear out, or has substantially shortened the life of something that does wear out, the tenant may be charged the prorated cost of the item, taking into account how old the item was and how long it may have lasted otherwise, and the cost of replacement.

 

So while ordinary wear to carpets should not count against the tenant, large rips or indelible stains would. Any deduction for their replacement should take into account their age compared with the expected time of use.

 

If there are no deductions from a deposit, your landlord/agent must issue a refund within seven days of the inspection and if repairs are necessary the deposit minus deductions must be refunded within 14 days of "restoration of the dwelling" as per the relevant acts.

 

If a tenant refuses to attend an inspection, though, the landlord will have 21 days to transfer the refund less any deduction for maintenance. 

 

Author: Jonathan Brauteseth

Submitted 24 Jan 20 / Views 2938