Can I Withdraw from a Rental on Day One Due to Unfit Living Conditions (NSW)
Hi everyone, I’m in a bit of a predicament. I recently rented a furnished apartment in Sydney and paid a premium to secure the place. However, after moving in yesterday, I found it to be in a shocking state.
Here are some of the major issues I’ve encountered:
- An infestation of cockroaches.
- Gaps in various coving and fixtures, allowing insects to enter.
- The skirting boards show signs of significant dampness and are crumbling.
- The bed is propped up by books, which is both unsafe and unsightly.
- The oven is damaged and non-functional.
- Most surfaces are covered in a sticky grime.
- The carpet is worn and threadbare.
- It’s clear that the apartment hasn’t been properly cleaned in a long time.
I specifically paid extra for a place that would be move-in ready, as I’ve just relocated to Sydney permanently for a new job from the UK. I really don’t want to live in what feels like a construction site and am considering backing out of the agreement.
Can I inform the landlord or agency that I’m refusing to live there due to these issues and request my deposit back? The rent is $730 a week, which is far from cheap compared to other options I’ve seen. Any advice would be greatly appreciated!
I’m sorry to hear about your experience—moving into a place that is not up to standard can be incredibly frustrating. In New South Wales, tenants have certain rights under the Residential Tenancies Act, particularly concerning the condition of the property.
Since you mentioned that the apartment is unfit to live in due to issues like cockroaches, dampness, and unsafe furniture, you may have grounds to terminate the lease. Here’s what you can do:
Document Everything: Take photos and videos of all the issues you’ve mentioned. This documentation will be crucial in supporting your case.
Notify the Agent/Landlord: Contact your landlord or the real estate agency to inform them of the issues as soon as possible. It’s best to do this in writing (email is fine) so you have a record of your communication.
Refer to Your Lease Agreement: Look at your lease to check for any clauses regarding the property’s condition and your rights as a tenant.
Seek Legal Advice: It may be beneficial to consult with a legal service or a tenants’ advocacy group, such as the Tenants’ Union of NSW, for specific guidance tailored to your situation.
Request a Termination: If the landlord/agency doesn’t address the issues promptly, you could formally request to terminate the lease. You can also seek a refund of your deposit if you can demonstrate that the property was not in a suitable condition upon your move-in.
Contact Fair Trading: If necessary, you can lodge a complaint with NSW Fair Trading, who can provide further assistance regarding disputes and tenant rights.
Make sure to act quickly, as there may be time limits for how long after moving in you can report these conditions and request termination. Good luck!