How to Get Your Bond Back

Published on May 28, 2017

how to get your safety deposit back

Have you ever moved out of a rental, only to find that your landlord or real estate has refused to give your bond back? This can be frustrating, especially if you feel like you’ve done everything you could to clean the apartment before leaving. I’ve been caught, and $1200 was taken out of my bond, which I thought was very unfair.

After a little research, I've discovered there are some ways that you can protect yourself when it comes to getting your bond back. Here’s our advice to ensure you don’t get caught out like I did.

 

A Cautionary Tale for Renters

cautionary tale for renters

$1200 was deducted from my bond lst time I moved out of an apartment. I left the apartment looking great. I paid for cleaners to do an end of lease clean, repainted 2 walls that were marked and I made sure it looked perfect.

I can't explain how annoyed I was that money was taken from my bond and I wasn't told about it. I moved out of the apartment and just expected my bond to come back to me and it was onlu when I started chasing a few weeks later did I realise that $1200 was being taken out of my bond.

Where did I go wrong?!

I didn’t take photos at the time of the initial inspection and I wasn’t there at the time of the final inspection. When I moved in some of the cords for a few of the blinds were broken yet I got charged $500 for replacing all of the cords and other minor repairs to the blinds. I was also charged $700 for cleaning the bathrooms because the tiles weren’t clean enough. The tiles were super clean but I recall the grout looked slightly stained in the shower. Unfortunately without evidence, you don't have a leg to stand on. 

Did I get ripped off?

I certainly feel like I got ripped off. I was furious. I had a great relationship with the real estate agent and I was really upset that they hadn’t rung to tell me they were planning to take money out of my bond. What upset me most is I thought they had a legal obligation to let me fix the issues before they got a third party involved (cleaners and blind company) and pay for it out of my bond. I was wrong and I had to pay the price.

BEWARE: it's easy for Real Estate agents to get money from your bond.

 

The law in every state is a little different, but here’s where I went wrong

  1. My notes in the pre-inspection were too general and I missed little things like broken cords on the blinds.

  2. I didn’t take any photos when I moved in, something I certainly wish I would have done.

  3. I wasn’t there during the final inspection and I didn’t take photos before I moved out.

 

Tenants' Rights and What Real Estates Can Get Away With

discussing rental agreement

The law in each state generally says that the tenant must leave the property in the state which they entered it, allowing for reasonable wear and tear. Typically, a tenant can’t be required to have carpets or the premises professionally cleaned unless there have been pets in the house. Make sure you check beforehand.

What surprised me is that after the inspection, if the landlord decides that cleaning or other work is required, they can bring in a third party to clean the premises or fix the blinds without first notifying the tenant. This one came as a real surprise to me. If you try to argue this cost after the fact it required an application to the Rental Bond Board in your state where you need evidence to make your case. This is where I got caught and it cost me.

 

The Best Advice to Get Your Full Security Deposit Back

tenant attending the final inspection of rental

The top tip from NSW Fair Trading is to make sure you are at the final inspection. This is when the landlord or real estate will go over the property to find any potential damage or things that need cleaning. If you’re there, and they raise something minor, you may be able to fix it on the spot, or arrange for it to be cleaned or fixed.

In each state the landlord is required by law to give the tenant reasonable notice as to the time of the final inspection.

It is really important that you do your research and hopefully, this article helps you a little.

I should have been at the final inspection and discussed the concerns with landlord. Unfortunately I didn't know this at the time. I could have re-cleaned the grout in the shower and installed new cords for the blinds that day, sent the landlord photos and it would have all be fine. The apartment was so clean and well looked after that I just didn’t see this coming! Definitely a lesson learned.

 

Fair Wear and Tear vs Tenant Damage

Things that qualify as fair wear and tear and are not liable for

  • Faded curtains or frayed cords

  • Furniture indentations and traffic marks on the carpet

  • Scuffed up wooden floors

  • Faded, chipped or cracked paint

  • Worn kitchen benchtop

  • Loose hinges or handles on doors or windows and worn sliding tracks

  • Cracks in the walls from movement

  • Water stain on carpet from rain through leaking roof or bad plumbing

 

Things that are considered as tenant damage and are liable for

  • Missing curtains or torn by the tenant's cat

  • Stains or burn marks on the carpet

  • Badly scratched or gouged wooden floors

  • Unapproved paint job

  • Burns or cuts in bench top

  • Broken glass from one of your children hitting a ball through the window

  • Holes in walls left by tenant removing picture hooks or shelves they had installed

  • Water stain on carpet caused by overflowing bath or indoor pot plants

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