I live in Victoria in a rented apartment. My tenancy agreement ended a week ago and the landlord is trying to withhold part of the bond for some curtains in the lounge room that have faded from sun exposure during the year. Are they allowed to do this?
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Answer by Rebecca Bardaxis, Parramatta 2150 NSW
- Generally speaking this sort of fading of curtains would be considered part of the normal wear and tear of a residence.
- Landlords can usually claim the following:
- damage to the premises;
- loss of landlord's goods; and
- failure by the tenant to keep the premises reasonably clean.
- The landlord may argue that you have failed to keep the premises reasonably clean but if the fading is from sun exposure there is nothing you could have done to avoid this wear and tear.
- It is unlikely that the landlord would be successful in this claim.
- You should notify your landlord of your disagreement and they may then choose to make a claim to the Victorian Civil and Administrative Tribunal (VCAT).