Looks like extra tenants lived in my IP

Hi Everyone. I had this 3 bedroom 2 bath house leased to a couple who had a toddler. They stayed in the property for about 2 years and moved out 2 weeks ago.

About 3 months ago, I went to the property for a maintenance issue (broken shower box door) and found the property to be quite dirty. This bathroom had a very strong stench (urine smell). I also noticed a double mattress in the lounge and the carpet around the laundry door damp.

I contacted the PM straightway and asked her to do an inspection. She did that and told me the property was very dirty.

I changed the PM and at the same time came to know that the tenant was moving out.

When the tenant moved out, I went there with the new PM for a final inspection and found that the place has been left in a mess. The kitchen table top its edge had a thick hardened grease. The draw handles (which are made of solid timber) have grease which had to be scrapped off with a scrapping tool. All the draws, cabinets and all the surfaces has this slimy covering. Looks like no one wiped the surfaces in years. All the surfaces and parts of the rangehood is covered with thick shoot and slime. It is so thick that the light from the rangehood is barely seen. The kitchen and meals area tiles are exteremly dirty and grout is just black and covered with food particles.

The bathrooms are in horrible condition. The grout in the 2nd bathroom and turned completely black covered with mildew, mold, fungi etc. The sliding doors are jammed.

There are cobwebs on all coners in all the rooms.
There are marks on the paint.
There are food marks on the walls, where it seems the kept the dining table.
The house has timber floors. Overflowing water from the laundry has seeped under the carped near the laundry door and timber is damp (I have ripped part of the carpet to get it dry).

Outside the house, in the backyard, the garden beds have about 2 feet high grass. The footpath that leads to the clothes line is covered grass. The carport (which can park 3 cars), has heaps of oil marks on the concrete. There are paint marks on the housewall and timber fence (looks like car painting was done there).

I have been trying understand as how can a couple with the toddler leave the place so dirty. It all comes to the one conclusion, that there were more people living there. It looks like the couple were using the ensuite and others living in the house were using the 2nd bath/toilet. Then the kitchen and meals area became a communal facility. There are 3 bedrooms including the ensuite. The couple would have been using the ensuite. If there was a mattress in the lounge, then the 2 other bedrooms would definitely have been occupied. If this was the case then there were atleast 3 more people living there.

I have asked the PM not to release the bond as I want to claim for cleaning (inside and outside).

My question is how can I prove that there were more people living there then what was on the lease agreement? Can I ask for utility usage, water, gas, electrity from the relevant authorities and try to determine the number of occupants based on the usage?

Thanks a lot for reading.
 
I suggest you claim only for the cleaning and repairs.

These people were obviously dirty, otherwise they would have insisted the house was to remain clean.
If anything, it may sound as if they subletted without permission..either way, just claim for the cleaning and repairs.
Proving there were additional people will be difficult, as you don't seem to have proof.
Did you pay for electricity and gas usuage?
 
My question is how can I prove that there were more people living there then what was on the lease agreement?
You cannot now. :rolleyes: The time for that has passed. In future, regular inspections by your PM will answer this issue, along with the onging cleanliness concern.

Can I ask for utility usage, water, gas, electrity from the relevant authorities and try to determine the number of occupants based on the usage?
No.

Keep the bond, get it cleaned and re-tenanted and move on.;)
 
This sounds like a classic case of a dose of "tenants' . I have seen this situation many times and feel for you . It amazes me how dirty some people are .

Did you get any serious damage ?
Do you have insurance
 
The thing is that proving they had more people living there when they did will not help you at all now anyway. It would just be a pointless exercise in futility. Claim for cleaning and repairs, keep an eye on your new pm and move on. You got the raw end of the deal, but at this stage there is not much else you can do.
 
Everyone has already alluded to this but the simple answer with respect to breeches of contract is that you can only claim the damages that stemmed as a result of the breech. If someone has more people in the home, this in and of itself does not cause damage. If a property is subleased this does not cause damage.

It might dent your pride but all you can do is terminate the contract if you feel strongly about it. As they have moved out now offering a breech notice is pointless.

As others have said just go them for the actual damage they have caused.

There is no right to punitive damages in such arrangements even though you might think they deserve them....

I wonder if it would be legal to insert a dog clause for extra tenants? i.e. a prescribed amount per extra tenant? If you prescribed it unless there is some kind of consumer regulation preventing it then it should be claimable.
 
I do have AAMI landlord insurance with tenant protection.

Serious damage, how do we classify that? I will describe a few things here:
1. The carport has a automatic roller door. There is metal door between the roller door and house. There is a metal post in-between the door and roller door. This metal post and part of the door is dented outwards. It looks like a vehicle was reversed onto it. It takes a lot of pushing to open the close this door. The roller door is fine.

2. Security door which is outside the sliding door of the meals area is resting on the outside wall.

3. The lock casing onto which the sliding door locks on is dangling on 1 screw and part of it is broken.

4. One of the bedroom doors is painted white (they used a very coarse brush or they had no idea about painting). The door was cream in colour, super gloss enamel paint was there before.

5. 3 Fly screens are missing.

6. Water leakage in the laundry has seeped into the passage. The house is on stumps and has timber floors. The floor is damp. I have ripped part of the carpet to expose the timber. I have had a blow heater running for the past 2 days. The timber is not where close to dry.

7. The antenna socket with its casing is dangling out of the wall.

8. The vents of the wall heater is missing.

Will any of these be claimable from insurance ?

How can i claim cleaning from the bond? The PM has got a quote for cleaning (inside and outside) from the maintenance people they use. The quote is more than the bond. The PM advised the tenant. The tenant obtained his own quote (no idea how he obtained the quote without showing the place to a cleaner). His quote says 7 hours of cleaning at $30/hour will be sufficient to clean the place. The tenant is arguing that the PM quote's is excessive. My PM is telling me that we have to come to an agreement as it will cost us to go to VCAT.

I am just lost here as what to do.

I have started getting the place cleaned up. One cleaner has spent 2 days scrubbing off the grease, grime, mold etc from the kitchen only. It may take a couple of days before she can complete the baths and toilets.

Thanks a lot for your replies.
 
If your PM has done their job properly, you should have no problem getting compensation for the cleaning and damage done.

I have been doing reading on VCAT decisions, and have noticed something interesting. Cleaning has be very detailed..how it say exactly what was done.

Most times the LL loses at VCAT because the PM has not followed procedure.
Your PM should know how to claim the bond. That is what you are paying them for.

If your insurance covers all this, go for it.
Sometimes I have read that insurance policies will say each repair is separate, thus incurring a separate excess. You will need to determine how yours will be assessed.

Do not be afraid to go after, even if you need to go to court, to get what is yours.
 
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