Last week we introduced ‘How to deal with the dispute between lessors and lessees after COVID-19’, we received various FAQs in relation to the question, this week we have picked some interesting questions:

 

 

Q: How much in bond should I pay? And is the bond guaranteed to be refunded after vacated?

A: Generally speaking, if the weekly rent is $700 or less, the maximum bond amount will be 4 weeks; if the weekly rent is higher than $700, the amount of bond could be negotiated.

In Queensland, after the lessor receives a bond from the lessee, there will be a receipt for the lessee and the lessor need to lodge it to RTA within 10 days. The bond will be under the supervision of RTA but not the lessor, when the premise is vacated, the bond will be paid back to the lessee.

During our tenancy, the lock has been broken by a burglar, who is liable to pay for/replace the broken lock?

A: Lessor.

It is the lessor’s responsibility for ensuring the property is fit to live in and in a good state of repair. There are 2 kinds of repairs: 1) Routine; and 2) Emergency.

When the lock was broken, there was a fault or damage that made the premise unsafe or insecure which conformed to Emergency repairs. If you contacted your lessor about the broken lock, you could ask the lessor to pay the repairer directly; if the lessor cannot be contacted, you can arrange a qualified person to carry out the repairment, and give all receipts to the lessor and ask him to pay back within 7 days, but something need to be mentioned is the maximum value of repairment is 2 weeks’ rent when you arrange the repairment yourself. In conclusion, you are not liable to pay for the repair of the broken lock.

Q: We are international students, and would like to terminate the current tenancy. Lessor is originally from the same country like us, under the trust, we paid him the bond of $2,960 without signing any formal contract or obtain any receipt. As we will be going back to our home country in 2 months, we asked him to refund the bond, he refused to pay due to he is not available to check the condition of the premise until Christmas, we concerned that the lessor wants to take advantage of no formal contract in place to possess the bond. What can we do to receive our bond back?

A: If there is no formal contract in place, the tenancy agreements could still be valid if there is evidence to support both parties have reached the agreement. In this case, you can lodge a dispute to RTA for the conciliation service or seek private legal advice to protect your best interest.

Compare to lessors, we receive more FAQ from lessees, because lessees have less knowledge about rules and terms of the tenancy. In general, we suggest lessees enter into tenancy agreements with professional legal assistance to protect the best interests of them, especially international students. If you need help with a tenancy dispute but have no idea how to handle it, Morrison Specter could provide you with professional legal advice and assistance.