I have rented my apartment to a friend whilst I have been living away for 18months. I drew up a contract for her and her

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Customer: Hi there, I have rented my apartment to a friend whilst I have been living away for 18months. I drew up a contract for her and her friend living there and took a bond security. However, didn't submit the bond to RTA. I have now returned to find the apartment with a number of damages that need to be fixed. I was wondering whategal grounds I have to take in the way of deducting money from their bond to pay for the damages?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: QLD
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Carpets were damaged in main bedroom. Beyond carpet cleaning
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The apartment was freshly painted 2 days before they moved in and there are number of dents marks and scratches on the walls that I am happy to overlook but want this to be noted. The carpets were only 18months old when they moved in aswell
Answered by John Melis in 31 mins 1 year ago
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patience here has been so important. If I understand you correctly I suggest the following:

Where are you need to deduct money from the bond, unless there's an agreement with the tenant, you will need to raise proceedings in the Queensland civil administrative tribunal.

​The Queensland Civil Administrative Tribunal “QCAT” is perfect for meditating disputes. It forces the parties to come together to discuss the issues involved.

In most cases at mediation, the matter will settle.

Your case is civil.

You will be the applicant. The other party is the respondent.

The document you file in the tribunal is the points of claim. This correspondence needs careful preparation. I recommend you download the application first and complete the same. Then upload as required to commence the lawsuit.

Draft the complaint chronologically, detailing the issue and what action you have taken to rectify the matter.

The alternative is to apply to the local court. In court, you may recover your legal fees.

The following link will assist you further:

www.qcat.qld.gov.au

There are various help menus on the website that will assist you in finalising the application.

Make sure you have all your evidence for the case.

Once you lodge your application, you will receive notice from the tribunal with the next steps to follow.

​I know it isn't easy to deal with stuff like this, but you are handling it so well.

Your patience here has been so important,

I know you put so much time and effort into this, and if you follow the steps as suggested above, it will give you a direction to go.

Ask a lawyer and get your legal questions answered.
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