BARDI77

Hi,


I am new to this country and as soon as I entered this country I felt like a 2 year old infant with a 35 year old man responsibilities. It's really stressful to live in a country that you are not familiar with its laws, at least at the beginning...


My story is:


I decide to move out from the apartment I currently reside 30 days later.

I have a copy of the property entrance condition report which doesn’t have the signature of the real state agent. It only has my signature on it.

I really don't think the agent gave me an UNSIGNED copy on purpose. I think he was busy at the moment I returned the property condition report to him.


My question is:

Is there a slight possibility that I will be liable for any damage AFTER I get my bond back as I DON'T have a copy of signed property entrance condition report? In the other words, will the fact that I have got my bond back necessarily mean that any possible argue between me and the agent has been over and no other dispute is hearable in any court?

Or maybe it IS possible that I will be held liable for the damages even after I get the bond back? If it is so, I HAVE to insist on a signed copy. Because after that I move out there will be another tenant and... But if getting bond back means no other liability for me, I am not going to insist on a signed copy.

I know that such an incident is highly unlikely , but I really feel that I should be cautious. Specially because I am not aware of the laws.

Thank you very much for your attention to this matter.

All the best

Pollyana

The idea is that they refund your bond when they are happy that there is no damage. If you are concerned get a letter from them to say that they are happy with the condition of the property and are therefore returning the bond in full - probably a lot easier to get that than to try and get a property entrance report signed and backdated.

BARDI77

Thank you for your propmt response.

Can they refuse my request for such a letter?

What about filming of various parts of the property just before moving out?

By the way, from your response I feel that there remain a possbility of further liability for me even though I get my bond back... Do I feel right?

BARDI77

Any other information or similar experience?

Burbage

I want to know where all the fake estate agents are.

Broad Shoulders

I thought the question was going to be:

"do you have a conscience?"

BARDI77

BARDI77

ANY trifling piece of information would be highly appreciated .

SamSi

Dude - if you get your bond back thats the end of the matter, consider it over. The onus is on your estate agent - he/she should have given you a signed copy of the condition report and lodged another copy with the bond authority. Landlords can't charge you for fair wear and tear so if you haven't caused damage to the place why worry?

BARDI77

Thank you very much for your reply mate.

I am worrying because I don’t have an evidence of the situation of the property when I moved in. I think I can not rely on an UNsigend property condition report if any dispute arises between me and agent. I am not prejudicing against the agent, but what if the agent holds me liable for damages which I have not done? How could I prove that I have not done the damages? As long as I don’t have a proof, it seems possible (though unlikely but it is possible).


But what makes me more worried is this link:
www.taswa.org/downloads/all/eratum-2007-05.pdf


It SEEMS that even after I get my bond back, there is still a possibility of being further responsible and if I don’t have a signed copy of property condition form I will be in the risk of being held responsible for what I have not done ( what next tenants will do to the property ) ... Am I wrong?

Thank you once again for your help.

SamSi

I can't see anything on the attachment to make you think this - did you mean to attach just 1 page or is there more? Any incoming tenant will sign a new condition report so there can be no recourse to you. You have signed an entrance condition report - if the agent has failed to give you a version with their signature on it then the onus is on them to prove that you did the damages during your tenancy - not the other way round. The version you have will be the one which they lodged with the bond - if it's different (i.e. if they added damages after you signed it) then it will be nullified as you weren't given a signed copy anyway. It will be impossible for them to prove anything either way and no magistrates court (even if it went this far which it won't) will simply throw the case out. With respect, you seem to be worrying unnecessarily (unless you've trashed the place and not mentioned it). If in doubt, why not simply speak to your agent or the TAS?

Rossi

Why????
What have you been up to in there ??
STOP stressing over nothing !!

BARDI77

Thank you once again for your prompt reply.


No, I have not trashed the property at all. Its in the same condition with the condition when I moved in. All I did was to break a dish (which unfortunately I didn’t find a similar one to replace it). Many of my concerns (about every aspect of living here in OZ, not merely this matter) come from the fact that I am a newbie in OZ. Believe me mate that such a matter could end totally different in my country. Since I am not that aware of all aspects of Ozzie tenancy law, I should be cautious, shouldn’t I?

With your worthy explanations – which I really appreciate them – I am now more relieved. Thank you for clarifying me the whole process.

I am going to speak with the agent. My intention was to gather enough information about the matter to know all my rights before speaking to my agent.


If you were me, would you insist on a signed copy of property condition report when you wanted to move out? Or maybe you would insist on a reference letter instead of that?( which clearly shows the agent is satisfied? )


Cheers,

ozhappy981

No. There is no point to this. (And now, please stop stressing about it.)
If you want to move into another rental, yes, ask the agent if they are happy to give a reference. They will not usually give you a letter. Instead, when you apply for the new rental you will put the old agent down as a reference. The new rental agent will then contact the old one to ask if you were a good tenant.

BARDI77

Thank you for the help.

Just a quick question: why agents dont usually give people reference letters?

Cheers