My landlord has made a claim for compensation against me for damage to the property – a large crack on the wall above the lounge room door. I do not believe that I caused that damage as it was already there when I moved in. What position am I in legally? What do I need to do?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Rebecca Bardaxis, Parramatta 2150 NSW
- Firstly the landlord will need to establish that you have breached the tenancy agreement by:
- causing damage;
- that that damage has caused loss to the landlord; and
- that the amount they are claiming is reasonable.
- It can be difficult for a landlord to prove all of these things.
- Usually a landlord will rely on a condition report signed by the tenant upon their moving into the premises but sometimes the item that is claimed to have been damaged is not included as part of that report.
- If you intend to defend the claim you should start collecting any evidence you have available that might establish that you should not have to pay the amount.
- For example:
- that the damage was already there;
- it was not caused by you or a visitor of yours; or
- the amount being claimed is not reasonable.
- You should write to the landlord stating that you do not believe you are responsible for the amount they are asking for and provide copies of the evidence.