We'll escalate your letting and rental queries to a panel of experts. To ask your question email homed@stuff.co.nz.
Our expert today is David Faulkner, Managing Director of Property Management for Real Estate Brokers who has been in the industry for almost two decades and has been involved in the development and delivery of the Level 4 residential property management qualification in New Zealand.
Q: I am about to terminate my lease after a few years and want my deposit back. Stains from food spills etc. Are these considered normal wear and tear on a carpet?
A: Section 40 of the Residential Tenancy Act (RLA) clarifies the tenant's responsibilities to the landlord and the premises. In relation to the refund of your security deposit, you must ensure, among other things, that the premises are left reasonably clean and tidy and that all rubbish is removed.
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The word "reasonable" causes much confusion and controversy. Different people interpret reasonably differently.
In my view, food stains and spills would probably be beyond reason. When the carpets are so dirty that they are damaged, it goes beyond cleaning.
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If the carpets are so stained that they're damaged, it's (probably) going beyond cleaning.
If a tenant discovers damage to the premises, he is obliged to notify the landlord as soon as possible, regardless of who or how the damage was caused.
If you disagree with the landlord, you may need to seek a solution through the tenancy court, as only the landlord has the authority to release a disputed deposit.
My advice to any renter is to be transparent and have an open and honest dialogue with your landlord.
If you are a renter you can send your questions to homed@stuff.co.nz
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