Time allowed to fix/clean up after a tenant leaves

[Dazzakun]

Hi all,

Just quick question regarding our tenants moving out.

They have left nothing cleaned and minor damages (missing blinds, holes and nails in walls) for which I have asked to claim back from bond.

Now that they are gone, agents say they have 7 business days to rectify this.

In meanwhile I don't have the keys, and the property will be out of action, no rent and paying for mortgage for the whole 1.5 weeks, is this correct that they have 7 days to clean the property?

Located in NSW.

p.s. tenants were in arrears, so we will be claiming the 3 weeks bond, which really doesnt leave us much.

 

[Dazzakun]

The general rule is 48 hours for tenant to fix any issues to be address.

Thanks for reply, I totally agree (even though I am a tenant myself and we have certainly dislike the idea that tenant has such 'power' in some cases).

So does this mean this 7 day rule that he referred as 'law' is a load of croc?

And if not, is it compulsory for us to give them a chance to try to fix it? As they may not have any word owing so much rent and slowly taking their time.

 

[Paul@PFI]

My PM charges rent until the keys are returned and reinforces this with departing tenants. That triggers the immediate inspection and possible bond release so tenants are usually keen to get that moving. If the keys are surrendered then its given they wont clean or fix anything further and any defects noted are then taken from bond. They usually have cleaners, Hire a Hubby in same / next day.

Typically a week or two vacant is typical. I once had new tenants lined up before old ones left. Just depends.

 

[evisional]

For reference:
Residential Tenancies Act 1997

 

[Nick Valsamis]

Lots of agents seem to make their own rules and do things differently, BUT the best thing is for the agent to complete the outgoing condition report with the tenant on the final day of the tenancy and hand over the keys as well. This way any issues can be worked out beforehand to eliminate any future disputes and tribunal claims.

Then the agent is free to rectify any issues present in the condition report. The ONLY exception is for certain items left behind where the agent can organise to allow the tenant to come back and collect the items. If that is not done within 14 days then they can be disposed of. If the items prevent the property from being occupied by another tenant is this period then this can be claimed from the bond.

If the tenant doesn't want to leave the condition as is, and take an extra 48 hrs or 7 days to rectify any issues then they will need to extend the vacating date and therefore have to pay the rent for that time period.

Btw evisional, that is the link to VIC not NSW.

 

[Xenia IM]

give them 2 days then get it all fixed.

that should not stop you from advertising the property and sourcing new tenants.

waiting for perfection increases vacancies, vacancies are the biggest cost in property investing.

Here is a recent case of mine that may shed some clarity:

tenant moved out of a property on march 10 and handed keys back to office, march 11 ingoing inspection was done and keys handed to new tenant at the same time (advertising and open inspections were done before tenant left).

There was a range of things wrong with the property, cleaning was not up to scratch, curtain ripped, some of the windw sills were water damaged etc...

We emailed the tenant prior to tell them that all these things need to be done and they are free to do it themselves or arrange quotes and that I can arrange access for them.

no reply so we arranged for all to be done and put in a bond claim. They were rectified while we had a new tenant in the property.

tenant challenged stating that "they should have been all done and finalised before a new tenant went in and by the time we let them know it was too late. arguing that we should have held the property vacant until all the repairs and maintenance were done.

My argument back at tribunal hearing was that we checked the day after they moved out and that was the soonest time possible. We would not cause vacancies to the landlord by allowing a "vacant time" for small maintenance and cleaning to be done. The tenant was given an opportunity to do them.

we won the case - landlord got bond to pay for damages.

This one was a great hearing - only a few weeks ago, as we have been doing this in our agency for a while and this is the first time it got challenged at tribunal by a tenant. I was happy to see that they do not have a rule of having a vacant time between tenants to get things fixed.

allowing 7 days is not OK - at least start advertising now.

 

[Nick Valsamis]

If they extend vacating date and pay the extra 2 days then that would be okay.

But if they won't then best to organise it yourself to ensure the cleaning or repair is done correctly anyway.

This only increases vacancies if you haven't advertised the property or been able to show it or have a tenant ready to move in and the property isn't ready.
If there is another tenant lined up then more reasons to organise it yourself and get it done asap.

 

[Dazzakun]

THanks for everyone's reply,

The fact that the tenant was in arrears was enough for us to just treat them nicely and let them find a property to move on if they could not afford to stay and no troubles (tribunal, etc etc).

We have been lenient with them and agent wasn't any help in rushing this (I guess was blindly our fault for telling them we want to cease services once this tenant left).

If they extend vacating date and pay the extra 2 days then that would be okay.

But if they won't then best to organise it yourself to ensure the cleaning or repair is done correctly anyway.

This only increases vacancies if you haven't advertised the property or been able to show it or have a tenant ready to move in and the property isn't ready.
If there is another tenant lined up then more reasons to organise it yourself and get it done asap.

@Nick Valsamis, At this current situation, does this mean the extra days we are giving them to clean (hopefully properly) and repair over the next 2-3 days can be charged as 'extended' vacating days?
This 7 days is just too adequate for a clean and in that time I don't even know if they will be doing a good job.

As mentioned, I rather claim bond including the arrears and have them chase tribunal if they don't agree? (of course after having done all inspection report with them).

 

[Nick Valsamis]

Because they are in arrears the agent should have got the keys back asap on the last date to vacate and handled all the issues from the bond money.

If the keys were not returned then they still have access to the property and are considered as not vacated yet, so yes they are liable to pay then.

If the tenant doesn't agree they have the option to try the tribunal but as long as the agent can provide evidence then they have nothing to argue.