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globe
03-09-2009, 10:30 PM
stayed in a bach this weekend. was required to place a 250 bond in advance. during the weekend we were snoozing in the afternoon, the neighbiours cat jumped through the window and s*it on the carpet (6 times). Cleaned it up.

Monday guy who owns house rings up and says i'm deducting the cost of carpet cleaning from your bond. told him about the cat and how it was beyond our contorl. he dont care and has deducted the money form the bond.

This doesn't sit well with me. Any comments or suggestions ? I did not sign a contract and I suspect he did not send the bond to the tennancy people so this may be an avenue but seems rather long shot.

R2x1
03-09-2009, 10:53 PM
I suspect you could have been judged to slip slightly in your duty of due care, which is sad, but I don't think any tribunal is going to say it was the landlords fault would they?
With even one hot day and cat doings on the carpet, the place would be un-lettable sadly, so a carpet shampoo (to get rid of the real poo) would be essential.
If you are back in the neighbourhood, perhaps you could take the cat and show the neighbour where he can keep it?

PaulD
03-09-2009, 11:03 PM
the neighbiours cat jumped through the window and s*it on the carpet (6 times). Cleaned it up.

Monday guy who owns house rings up and says i'm deducting the cost of carpet cleaning from your bond.

How much did he deduct and how well did you clean up?

I'm not sure how relevant forwarding the bond is for a week end tenancy, probably too short term.

toonttm
04-09-2009, 01:32 AM
I know this game and exactly what this landlord is trying to do, but how much do you want to fight it?

The landlord is trying to stick you, without a doubt. But, after he gets the money for the cleaning he will never do it. Then next tenants...he will find something else wrong and charge them as well.

There is under NZ tenancy laws a thing called 'fair wear and tear'. Opposite to belief, you do not have to leave a rental property spotless and get the carpets cleaned etc...but it is the norm to do so, marks on walls and similar are acceptable as 'fair wear and tear' (holes aren't, lol)

As for short term tenancy..go online and look into it..really the same laws should apply.

If that doesn't work ask him for a full GST receipt (then google his GST number, company registered number etc), i.e is he doing a cash thing and avoiding the IRD? once again, up to you how much you want to argue...he is being a dick though

If you do decide to 'fight the bastard' make sure you have everything documentated (ha, record his phone calls or better yet get emails). If you end up in small claims or a tenancy hearing they don't listen to 'he said/she said' they want facts.

Good luck, post your outcome please. :)

toonttm
04-09-2009, 01:40 AM
oh, they have 21 days to forward a normal bond...obviously as this was a weekend thing that isn't possible. But, basic tenancy laws should still apply, and as for carpet shampoo/cleaning? waste of time and money, lol..think this guy is just a newbie landlord who is making a quick buck and thinking he can get away with it as it is a short term thing, cash, no tax...I once had a landlord who thought it was ok to enter my house while I was at work and take the stereo because he was having a BBQ and needed outdoor sound...nOOb

roddy_boy
04-09-2009, 01:35 PM
You shouldn't have **** on the carpet in the first place imo. Weak story blaming a nonexistent cat too.

Metla
04-09-2009, 01:39 PM
The house was in your care, A mess was made that would require professional cleaning.

Personally Id be comfortable with the situation.

Billy T
04-09-2009, 04:42 PM
Quit complaining already! You accepted the rental terms (paid the bond and took the keys) an accident happened when you were in control of the property, no different to you puking on the carpet, or a baby with a leaky nappy.

As they say shlt happens, and this time it really did and it is just your bad luck, though why people rent a place then go to sleep escapes me, you can sleep at work or at home.

Why should the landlord wear the cost of cleaning? I haven't seen a cogent argument from anybody as to why he should pay for cleaning instead of you.

Cheers

Billy 8-{)

somebody
04-09-2009, 04:58 PM
I don't think this is a tenancy situation - it's probably more equivalent to staying in a motel or hotel, and therefore the normal procedures with bond etc. don't apply.

Disclaimer: I am not a lawyer.