When Stephen Grace moved out of his rental home last year, he went out of his way to make sure it was left clean and tidy.
The 26-year-old spent more than $350 getting the house professionally cleaned by a contractor recommended by the agent, and another $160 to steam clean the carpets.
But after he dropped the keys back, he got an email from the agent, pointing out marks on the wall.
It ended up costing him another $250, and it left a sour taste in his mouth.
"Everyone I talk to has the same experience. You move in with 20 rats and a family of cockroaches, there's marks on the wall and the lights don't work," he says.
"On the way out, they look through every room and check the skirting boards.
"It does feel very opportunistic and you're in this terrible hostage situation with your bond."
So, if you're moving out, how clean does it need to be? And what can you do if your landlord wants to take some or all of your bond?
How clean you need to leave your rental property
The rules around rentals are different in each state, but they tend to be largely similar when it comes to cleaning standards.
That's the message from Leo Patterson Ross, a senior policy officer at the Tenants' Union of NSW.
"Landlords often get very heated when a property isn't left in a pristine condition, but that's simply not the test," he says.
What tenants do need to do is leave the property in a "reasonably clean" condition, Mr Ross says.
And while you might choose to use a professional cleaner for convenience, it's certainly not a requirement.
"In general, a professional clean is far beyond 'reasonably clean'," Mr Ross says.
"Legislation is increasingly preventing landlords from requiring professional cleaners, but that doesn't stop them from asking."
There are some exceptions. If you have pets, for instance, NSW laws can require you to professionally clean the carpets when you move out.
Also, if you've been running around on carpets with muddy boots, it might be worth hiring a professional to meet the required standard, Mr Ross says.
You might also find your lease has a clause requiring or requesting the carpets to be professionally cleaned at the end of your tenancy.
In some states and territories, these clauses will be enforceable, but in others — like NSW (providing you don't have pets) — they are not, Mr Ross says.
The difference between 'fair wear and tear' and damage
When you're moving out, you're liable for damage you've done but you're not liable for "fair wear and tear" to the property.
Of course, agents, landlords and tenants can have different views on what constitutes fair wear and tear, which can lead to disputes.
Fair Trading NSW defines fair wear and tear as "deterioration that occurs over time with the use of the premises even when the premises receives reasonable care and maintenance".
"If you've got cracks in the wall from movement, that's fair wear and tear," says property agent Amy Sanderson.
"But if you've got holes in the walls from picture hooks, that's deemed damage."
Fair wear and tear (you are not liable)Damage (you are liable)Faded curtains or frayed cordsMissing or torn curtainsFurniture indentations on carpetStains or burn marks on the carpetScuffed up wooden floorsBadly scratched or gouged wooden floorsFaded, chipped or cracked paint.
What to know about bond refunds
Stephen talked about being a "hostage" to the agent because of his bond.
But one thing Stephen could have done is to apply to have the bond refunded himself.
In NSW, where Stephen lives, once a tenant makes a bond refund application, the agent has 14 days to settle or contest the claim. If they don't respond in time, the tenants gets all their bond back.
In other words, the burden of proof is with the landlord or their agent and not you.
Three things you can do to protect yourself
It's not unusual for there to be disputes, so here are four things you can do to protect yourself.
Check the condition report
If there is a dispute about cleaning or a damage, the condition report will be a key piece of evidence.
"People should complete the condition report at the start of their tenancy, including taking photos," says Tenants Victoria chief executive Jennifer Beveridge.
"Before you move out, go through the same process. This will be your evidence if a dispute arises."
If Stephen had photographs showing marks on the wall when he moved, it could disprove the agent's case.
Communicate calmly and keep good records
If you have damaged the property, it's important you tell that to the agent or landlord as soon as you can.
Keep in mind it's a good idea to keep copies of communication — preferably in writing — in case a dispute arises.
And finally, when dealing with the agent or landlord, try to keep your cool.
"I've seen things escalate that never needed to escalate. So I think it's a good idea to keep a calm head — and that goes for everyone," Ms Sanderson says.
Remember who the agent is working for
Sometimes a real estate agent might present themselves as a neutral third party. Really, they're working for the landlord.
As a tenant, it's an important thing to remember.
"When they tell you something, they are professionally obliged to be honest, but they represent the interests of the landlord," Mr Ross says.
Where you can get help
Every state and territory has an advocacy group for tenants. It's a great place to get help if you have a problem.
Tenants' Union of NSW
Tenants Victoria
Tenants' Advice Service (NT)
Tenants Queensland
Tenants' Information and Advocacy Service (SA)
Tenants' Union of Tasmania
Tenancy WA
Legal Aid ACT Tenancy Advice Service
Another good resource is your state or territory's consumer affairs or fair trading department.
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