Do dirty exit tenants get 2nd chance?

[laurieload]

When a tenant exits a lease (NSW) and leaves the place dirty and the grass unmowed, is the landlord obliged to list things that need attention and give the tenants the opportunity to come back and attend to it before calling in the professionals and docking their bond?

Can't find anything on the Fair Trading website but hoping the answer is no.

 

[thatbum]

Why wouldn't you give them a chance to fix issues?

It means you don't have to spend as much money.

 

[Jen_PFR]

We don't, simply because we usually have tenants moving in the next day.

If you're really keen (or the tenant is really keen) you could always organise a trial run 'final inspection' the weekend before they move out. This works best if you go along and actually demonstrate what you mean by 'clean' (eg you scrub a part of the grout clean yourself, you vacuum the window tracks and wash a panel yourself, etc).

 

[laurieload]

The property was a furnished short term and tenants broke their lease. The PM visited the day before the tenant exited to do exit condition report as the tenants were leaving early in the morning, and gave a list of things that need attention. After the tenants left I asked him to let a tradesperson in one morning and he noticed that the place was not cleaned and gardens mowed, so he engaged a person to clean the place up before a scheduled open later in the day. There had not been much interest to that point but after that open there were 3 applications.

The tenant is now annoyed he was not given the chance to come back after his lease ended, even though cleaning the place up probably lead to getting a new tenant which reduced his break lease rent costs.

Just wondering whether PM was legally in the wrong by not providing the tenant with a chance to come back and remedy?

 

[handyandy]

As far as I am concerned the tenant had every chance before they moved out to clean.

Ones they have moved out they have left the property and do not get a second chance.

We have allowed tenants back in the clean and fix things but this turned out to be a waste of time as it will still not be up to an acceptable standard (that's why they left it in a mess in the first place).

Cheers

 

[DaveM]

If they are dirty the first attempt, what makes you think they would be any better on attempts #2, #26 as our limp wristed tenancy act seems to allow

 

[laurieload]

Great, that's my impression too. Nice to have it verified as reasonable though, thanks everyone.

 

[wylie]

I think in Queensland the agents allow several days to allow them to come back to clean. I don't know if it is in the legislation (and that mightn't help you in whatever state our IP is in) or if it is just how things are done with agents.

 

[Sez]

In VIC, if we don't give the tenant the opportunity to go back to rectify and it ends up before VCAT and they find out we didn't give the tenant a chance to rectify themselves, we won't win full cost. Tenants have it easy here .

 

[marg4000]

Check with the appropriate authority in your state.

In some states you MUST give the tenant a chance to rectify issues before claiming on the bond.
Marg