Rental/Bond Question: Is This Fair?

I will copy and paste, easiest to explain this way. I am not happy, but I don't know what my rights are, if any here. I moved out Friday week and this is the conversation between me and the real estate agent in my old place when I asked about why the bond was taking so long, always been pretty fast for me.

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Hi Kelly,

Everything was fine at the inspection. The bond will be lodged over the next day or so.

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Me: How come it is taking this long? Blah Blah....

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Hi Kelly,

We received the keys from you on Monday 19th, when you were only given until the 16th. This has put the owner out dramatically, as they paid and arranged someone to move them in over that weekend.

You have paid rent to the 16th. There is an additional charge for the extra days rent. This will be $xxx.xx. I can either deduct this from the bond or you can deposit through BPAY. Let me know which you prefer.

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Me:

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I would like my bond returned.

I moved house on the 16th, how was I supposed to get the keys to you on the day I was moving out? I got them to you on Monday morning, I assume you still have keys in the office for the house, so the landlord could have accessed those, as I did move out when I had to. (landlord was moving back into the place)

I also don't understand why it took me asking about the time frame to get this response from you especially given the last email. Are you taking your time to inconvenience me? I have done the right thing, I even paid over $200 on some already broken, non-safety glass which never would have broken in the first place, made sure the place was cleaned top to toe in and out and because I couldn't drop the keys back the day I moved, I get slugged an extra day? Very unfair. I looked after that place as best I could and I don't understand why he/his daughter didn't move in with your keys. No-one even called me or emailed me either.

Kelly

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She said:

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Hi Kelly,

There is no issue with your bond. We carried out the inspection last week, given it has been a long weekend, the bonds are processed once a week.

Please advise if you would like me to deduct the money from the bond or if you would like to transfer it?

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I said:

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I do not wish for you to deduct it from my bond and would appreciate it being processed asap.

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She said:

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As soon as the money for the rent owing is transferred, I will process the bond.

We have 10 working days to process, which gives it to Friday.

If by Friday, nothing is received, I will make an application to VCAT to allow extra time.

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So I told her to just process it. I am so mad. But I have a feeling things will go in their favour.

omg! I dont know whether they can do that or not. But funnily enough sounds like my bloody real estate agent. Our tenants have done a runner and she's completely incompetant. and she's holding up US getting OUR bond back saying she's going to hire a cleaner and take it out of the bond? WTF lady.. no your going to give us OUR bond back ffs. Its been about err 3 weeks now and still haven't seen it ..grr... Hope you get a better ending than what your expecting. I think that is totally bogus to be honest. How the heck are you putting him out, when like you say he could of just gone and got the other copies?

Sorry Kelly, although it seems very silly and unfair, they are within their rights to charge for the extra couple of days. I'm sure it probably didn't put them out at all, but some people just try to take you for whatever they can.

I am not sure either, but I would suggest calling Comsumer Affairs Victoria asap they will be able to give you advice on this.

Hope all works out

Whether or not its legit, and I really wouldn't know about that, the fact that she continually ignores your direct questioning is suss. Just saying the same thing over and over doesn't constitute an answer!

And they would have keys, so not having yours back shouldn't have been a problem - and if it was, all it would've taken was a phone call! :protest:

I really don't think they can do that but consumer affairs will tell you whether they can or not.

Hope it gets sorted.

I agree Berenice, it sounds dodgy, she's completely avoided my direct questions. And she's being very nice (she's usually funny with me).

I agree Berenice, it sounds dodgy, she's completely avoided my direct questions. And she's being very nice (she's usually funny with me).

unfort she is well within her rights to claim money for the time you had the keys in your possession as you still had access to the property and could have technically stayed there.

It isnt up to the real estate agent to provide keys to a property (no matter who is moving in ie. landlord) your end of lease date is the day the keys are to be returned.

ETA- for example.. your hire DVD for one night.. but you cant/fail to return it the next day, even though you already watched it. You are still required to pay the late fees even though you did not watch it those extra days you had it because it was in your possession.

Yeah true - it's all about getting the keys in on the right day. It's not about them being able to access the property, it's about YOU being still able to access it and therefore still be in 'possession' of the property.

Meh. Thanks ladies. Joys of singlemotherhood! Do it all yourself or it doesn't get done. I hate moving, it sucks bigtime, I was so dead at the end of that day I could hardly move.

I thought though that the Real Estate Agent had to deposit the bond money into an independant trust fund and has to apply to the Bond Registry to draw upon it? they can't just take the money themselves.