Have you ever vacated a rental property thoroughly cleaned, only to arrive at your new one and discover it also requires cleaning? This scenario is familiar to many renters, especially in a competitive market where options are limited.
Rosanna Tiusanen, a nursing student, struggled to find a new rental after her lease of two and a half years was not renewed. “Finding a rental on the Gold Coast is quite challenging right now,” she remarked, highlighting the high demand for apartments. “It’s extremely tough, particularly for someone living on a single income.”
Eventually, Rosanna secured a four-month lease for a unit in a building slated for demolition. She felt relief at having found accommodation, but the condition of the unit was far from satisfactory. Two weeks after her move-in date, she was still engaged in a thorough cleaning process. “I refused to unpack my belongings until I had thoroughly cleaned the entire space; everything is still in the middle of the apartment,” she explained.
While Rosanna described the issues with the unit as not overly severe, it was evident that the place had not been maintained well. “There are signs of neglect, such as peeling paint, layers of dust, dirty walls, and even insects,” she noted.
According to Leo Patterson Ross, the chief executive of the Tenants’ Union of NSW, receiving a rental unit that has not been adequately cleaned is a frequent occurrence for tenants. “This has become so commonplace that many renters don’t seek advice unless the situation is dire,” he stated.
Legally, landlords are required to deliver rental properties in a reasonably clean state, a requirement that holds true across all states and territories, even if the specifics of rental regulations differ slightly. Mr. Patterson Ross explained that “reasonably clean” is not rigidly defined but refers to a standard of cleanliness that an average individual would expect upon moving in.
When she moved in, Rosanna decided it was easier to handle the cleaning herself rather than address the issue with her landlord. While tenants do have the option to request a cleaning if the property is dirty at the time of move-in, many find this challenging. “They want to settle in that night,” Mr. Patterson Ross explained. “Having already vacated their previous residence, it often seems more practical to handle the cleaning personally.”
Once a tenant undertakes the cleaning, they may not be able to claim compensation. Although reimbursement for professional cleaning might be possible, if the tenant does it themselves, it involves their time and effort. “Individuals must consider whether pursuing compensation is worth the delay in having a clean living space,” he remarked.
Mr. Patterson Ross advises potential renters to conduct thorough inspections of properties and to voice any concerns prior to signing a lease. “While not everyone has the luxury of being selective, it is worthwhile to inquire about the cleaning and repairs that will be completed before moving in,” he suggested. However, he acknowledged that sometimes properties may appear acceptable during inspections but deteriorate before the tenant moves in.
If a rental is found to be in unacceptable condition upon moving in, tenants have the right to terminate the lease. Mr. Patterson Ross explained that tenants can issue a breach notice immediately if the property is uninhabitable. “Essentially, a property must not pose any risk of harm to the tenant,” he clarified. This notice allows tenants to exit the lease within 14 days, citing the unit’s poor condition.
In some instances, landlords and tenants may mutually agree to dissolve the lease, while others may prompt landlords to rectify the issues, potentially delaying the tenant’s move-in date. “This kind of negotiation happens more frequently than one might think,” he noted.
If both parties agree to terminate the lease, the tenant might pursue compensation for any rent already paid. However, this can complicate financial matters, considering moving expenses and the bond that may have been paid. “This can be unsatisfactory, as you have incurred moving costs and are left with additional issues to resolve,” Mr. Patterson Ross explained.
Finally, he emphasized the importance of documenting the property’s condition at the beginning of the tenancy. “It’s wise to take photos or make detailed notes before you commence cleaning,” he advised. The initial condition report provided by the landlord is crucial for noting any problems, as tenants are expected to return the property in the same condition it was received.
