I moved out and the landlord is not happy with the house. I have returned it in better condition it was in as there was

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Customer: I moved out and the landlord is not happy with the house. I have returned it in better condition it was in as there was dead rodents and dust every where. But they want it professionally cleaned and carpets steamed which was not done before I moved in. Do I have a right to go back in and fix the issues they believe is there instead of them hiring a cleaner ?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Queensland
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: They never had us sign a lease agreement.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I never had a key to the building for 6 months. The air-conditioning died which they never fixed. There are massive leaks that have flooded the house, the reason the aircons broke is because of the water in the roof. You now have massive water damage and parts of the roof caving in aswell.
Answered by John Melis in 5 mins 1 year ago
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

If the landlord is not happy with the house, just tell the landlord that if he tries to challenge it in the tribunal you'll end up paying you a cost associated with the tribunal.

The fact that you had the property professionally cleaned and it was in good condition, the landlord has no right to raise a claim against you. If the landlord tries to refuse to pay the bond back to you commence proceedings immediately in the Queensland civil administrative tribunal.

​The Queensland Civil Administrative Tribunal "QCAT" is perfect for meditating disputes. It brings parties together to discuss the issues involved.

In most cases, the matter will settle.

You can download the application from the tribunal website.

www.qcat.qld.gov.au

There are help menus on the website that will guide you to complete the application.

After you lodge your application, you will receive an email from the tribunal with the next steps.

Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

Customer
There was never a signed lease, and no bond.
I have not had the house professionally cleaned as it was not professionally cleaned when I moved in, there was substantial cleaning that needed to be done when I moved in. When I moved out I had left the property in better condition then when I first moved in, the house had multiple issues in regards ***** ***** going damages for example several rooms would leak when it rained to the point the whole bottom house area would fill with water. After returning the keys the landlord inspected the house after it rained which mean the floor was no longer clean due to the dirt from in the roof, wood particles from in the roof and water. The landlord states she will be sending me a bill to have the house professionally cleaned when the house was not in a great standard to begin with. I have a video of this to support it.
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John Melis, Expert

You will be able to dispute the landlords clean. On the basis of an implied Lisa through the residential tenancy legislation.

As long as you have the receipt for cleaning the premises, and some photographs it possible, you will be able to successfully chose the landlords clean. The fact that you have video footage is excellent evidence to support your case.

You’re handling this matter very well.

If there is anything else, big or small, that I can help you with today, please let me know?

Customer
What do you mean a receipt for the clean ? I cleaned the house myself.
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John Melis, Expert

The fact that you have video footage, will be sufficient demonstrate you clean the house.

Customer
If worst comes to worse do I have the right to state I will clean the house again instead of paying for a cleaner ?
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John Melis, Expert

I appreciate your good thoughts in regards ***** ***** current situation. What you need to do is remain strong in your position with the video footage you have, which can confirm that you clean the house appropriately. Maybe make a small section of the video footage and send it to the landlord or their agent.

Customer
I only have a video of the house when I moved in, not when I left. I have evidence to support the fact the house was not clean when I moved in.
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John Melis, Expert

What you could do then in this particular case has asked for pictures of the house as it stands at the current time. Then you can compare them to the video footage you have. That way you can dispute the landlords claim. Landlord needs to prove that the house is not sufficient. Send a message to the landlord or the agent asking for copies of the pictures of the current house.

Customer
Ok I will do that thank you.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.

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