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The final inspection
When you are going to move out, you must leave the place in the same condition you found it, except for fair wear and tear. How you found the place should be set out in the condition report that you filled in at the start of the lease. If no condition report is filled out and given to you and signed by you at the beginning of the tenancy, the landlord may forfeit any claims for
- Making good any damage;
- Replacing any ancillary property (eg furniture, garden items etc) lost or destroyed;
- Cleaning of the premises or ancillary property.
As soon as the tenancy ends, both the landlord/real estate agent or landlord and you, as tenant, should carry out a final inspection of the place and check off each item in the original condition report. If there is no dispute over the condition of the place, the landlord/agent must return your security deposit within 7 business days of you vacating the premises.
If the landlord/agent is withholding security deposit (bond) monies for such things as unpaid rent, damages, cleaning, electricity or gas, he/she must advise you in writing within 7 business days after you vacate the premises. This notice must be accompanied with copies of receipts or quotes proving the costs incurred by the landlord that he/she is wanting to withhold.
If you do not agree with the reasons the agent or landlord has given for withholding the security deposit, you should first discuss the matter with the agent or landlord.
If you can not come to an agreement over the security deposit, you can apply to the Commissioner of Tenancies for the matter to be determined. Contact Consumer Affairs 1800 019 319 for further information or down-load an “Application to the Commissioner of Tenancies” from the Consumer Affairs website and submit to the address on the form with a copy of your lease, the ingoing and outgoing condition report and a copy of the “Notice to Retain Security Deposit” that should be provided to you by the landlord/agent.
