I have a problem with my ex "owner" who doesn't want to give my bond back. I reckon everything was illegal from the

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Customer: Hi I have a problem with my ex "owner" who doesn't want to give my bond back. I reckon everything was illegal from the beginning and that I should get my money back at least (and sue her for compensation).My bond is $1200. I never had a lease agreement nor a bond sheet. I stayed more than one year in this apartment from march 2019 until may 2020. I never dealt with the owner himself but with the girl who was renting one of his room. So I was renting the room to this tenant. This tenant went back in Colombia one year ago and I was paying every month the the rent and bills straight to her. She doesn’t have a current visa to stay here. I’ve never been in touched with the owner. They made me pay $300 a week for a bedroom with bathroom. The bedroom wasn’t furnished with a real bed but with a sofa and a lot of the stuff of the Colombian tenant where still in the bedroom, bathroom and rest of the apartment. Since the beginning of the covid19 they never Lower the rent, so I had to tell them that I’ll go back home in France while I found another place to stay in Melbourne. She agreed to give me back my bond on the phone and ask me to help her out to find someone to replace me. I’ve helped her out and made few inspections but the price was too high for theses potentials renters and she didn’t want to lower at all even wit the current crisis. So I moved out in my new appt on Friday 15th of May lets the keys to the other tenants after a deep cleaning and sending pictures statement to this girl. After one week she told me that she won’t give me back my bond because she can’t find anyone to take over the room and she’s loosing money. So now, I’d like to know what are my rights and for what exactly I can sue her. Thanks a lot
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Victoria
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: there was no lease no issues
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by John Melis in 9 hours 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter, what do you need to do without delay is raise proceedings in the Victorian civil administrative tribunal for compensation in respect to the circumstance you were dealing with with the landlord

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The alternative to this is filing an application in the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.vcat.vic.gov.au

You may also consider the option of using the small business commissioner as well.

https://www.vsbc.vic.gov.au/about-vsbc/about-us-and-what-we-do/

Would you like to consider this option ?

You have a legal right to protect your interests in this important situation.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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