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The NSW tenancy law states that tenants have no obligation to steam clean carpets before moving. However, it is your responsibility to tear down the carpet fairly when you first move in. It is not necessary, but you can deal with and solve all the related problems and you have full confidence that the job is being done properly.
In NSW, the law is clear: any provision in your lease that requires you to have your carpet professionally cleaned is prohibited unless you agree to keep pets on your property as a condition. Have you ever scrubbed your house only to find that your agent or landlord wants a receipt for cleaning the carpet before they return your deposit?
For example, if you have a pet, NSW law may require you to professionally clean your carpet when moving. Elsewhere, it is a bit nebulous whether we need to steam our carpets or not, but if we do, we can’t.
You may also find that your lease includes a clause that requires that your carpet be professionally cleaned at the end of your lease or that you have it cleaned. Ross said: ‘Your carpet is running muddy in your boots and it’s up to you to hire a professional to meet the required standards.
In New South Wales, for example, the law says that this clause will be enforceable in some states and territories. But it is not illegal to keep a pet on your property as a condition of agreeing to it, Ross said. This clause is available to you if you do not have pets, but in other states such as Victoria, Queensland, South Australia and Tasmania this is prohibited.
If a professional carpet cleaner charges more than a routine cleaning would cost, your landlord will withhold the cleaning costs so that the damage cannot be considered fair. In this case, the landlord cannot charge you any costs, but you may charge a fee for any exceptional damage to the carpet that occurs at the end of the tenancy.
Tenants are not obliged to use the cleaning services recommended by their property manager or landlord. A spokesman for Fair Trading NSW said landlords were free to add conditions to the agreement that would allow professional carpet cleaning and cover the cost of cleaning if they were behaving while cleaning or keeping pets on the premises. Patterson-Ross said if a landlord wants a house in immaculate condition, it is in his commercial interest that it be paid for by the house, not the tenant.
The scheme also means that if the landlord does not approve the release in time or if there are disagreements about the deposit, you can claim back the deposit independently. If there is a dispute at the end of the tenancy, the money is with the agent or landlord, who may not be playing fair.
You can apply to the responsible tenant judge for your rent to be transferred to a special account until the repairs are carried out. If the landlord does not carry out the repairs, you can no longer pay the rent, but you are not allowed to. Cutcher said that once the lease ends in NSW, people have the option of unilaterally getting the deposit back at the NSW Civil and Administrative Tribunal, meaning “you don’t have to wait for the landlord to sign off the deposit.”
The same applies to Victoria, but you don’t always have to wait for the landlord to return your deposit. If you cannot reach an agreement with your landlord, you can apply for a refund of the deposit in the NSW Civil and Administrative Tribunal. The same applies if you have moved out of a rental apartment and have requested the repayment of a deposit. Your landlord must contact the property management if he wishes to make a complaint.
The best way to ensure that you get your deposit back is to leave the property with the deposit as it was at the beginning of the lease, except in the case of reasonable wear and tear.
In most states, legislation requires that rental properties be returned in reasonably clean condition. The definition of reasonable depends on the condition of the apartment when you move in, but we talk about when it is time to move out of your apartment.
One could say that the ceiling needs to be cleaned at the end of the tenancy or the windows from inside to outside. So, if you know what to expect, make sure that everything that is there is reasonable and that you fulfill all your obligations before you live there. It is good to consult with the landlord and the property management company you are renting with to ensure that you are refunded the deposit you paid when you moved in. You have paid a lot to move in and out, so you want to get all the tips you have and you need to repay your deposits before you move in, but you can