Removing Rubbish After Rental Lease Ends: Is It the Tenant's Responsibility?
Supposed the lease has ended, and rubbish remains in the rental. Who would be responsible—tenant or landlord?
Usually, it's up to the tenant to take care of rubbish disposal once they leave, unless the lease says otherwise. If tenants leave rubbish or their stuff behind, landlords can throw it away and charge the tenant for the disposal, which can come from their security deposit.
This article will discuss the laws encompassing this, tenant obligations, and how to manage leftover junk.
What Does the Law Say About Rubbish Removal After a Lease Ends?
End-of-lease cleaning in NSW and across Australia requires tenants to leave their rental homes in a clean and sanitary state.
It should be like how they found it at the start of their tenancy, including normal wear and tear. This extensive cleaning is critical for returning your bond and fulfilling legal and lease requirements.
NSW Tenancy Laws on End-of-Lease Cleaning
The Residential Tenancies Act 2010 and Fair Trading NSW suggest that tenants leave the property in the same clean condition as when they moved in, without any damage to the property.
- Although the law specifies what cleaning is necessary, it likewise indicates that landlords can't ask for professional carpet cleaning unless pets were kept in the property during the lease.
- Before moving out, tenants need to clear out all rubbish and personal items.
- The bond money allows landlords to restore properties through deep cleaning and repair work if cleaning standards are below acceptable levels.
- The landlord cannot impose cleaning requirements that surpass what the property condition requires according to rental agreements.
- When inspecting the property for cleanliness and condition, the final bond refund depends on comparing the initial condition report.
Fair Trading NSW Guidelines
Tenants receive essential advice about cleaning requirements: they must remove all rubbish and clean and tidy the rental before vacating. Avoid bond disputes that frequently arise when landlords demand extra cleaning services from tenants.
Before landlords throw away any of your personal items they must first provide written notification according to the law. This process exists to safeguard your rights and ensure that they comply with legal procedures for disposal.
You need to remember that landlords cannot demand excessive payment for removing trash. All fees that landlords charge should match their actual costs for the service.
What Are Tenants Required to Remove?
After the rental period, renters need to bring their personal belongings. This includes garbage and any clutter that should be left behind in the rental unit. They must ensure the place remains clean and habitable, just like how it was when they first moved in. However, this excludes regular wear and tear.
Key Items Tenants Must Remove
All Personal Property: Renters have to take all their personal property. This includes their furniture, clothes, appliances, mattresses, and other personal items. Anything left behind might be considered abandoned and could be thrown away after the right notice has been provided.
Garbage and Junk: Tenants should dispose of waste, including items in bins and any loose trash found inside or around the property.
Cleaning Leftover Gunk and Buildup: Renters must clean up any marks, grime, and leftovers by scrubbing floors, carpets, counters, kitchen gear, bathrooms, windows, and other dirty areas.
Fixtures Installed by Tenant: Unless specified in the agreement, any fixtures or changes made by the tenant must be removed.
Yard Waste and Outdoor Items: If applicable, tenants should clear lawns, gardens, patios, and any outdoor spaces by removing rubbish, personal items, and yard waste.
Abandoned Property and Its Legal Implication
Abandoned property is property left by an owner, giving up his or her ownership and not returning to claim it. It may include goods left behind by tenants at the end of a tenancy or premises vacated without notice.
On the other hand, legally abandoned property is treated differently according to the type of tenancy, residential or commercial. Specific laws like the Uncollected Goods Act 1995 (NSW) provide rules for dealing with such property.
Legal Implications
- The owner of the abandoned goods loses their right to immediate possession. The person in possession (usually the landlord or property manager) acquires the right to dispose of the goods after following the correct procedure.
- Based on the Uncollected Goods Act 1995 (NSW) landlords must inform the tenant of the property left behind and their objective to dispose of it after certain time period according to the item’s value and type.
- Categories such as rubbish, perishables can be disposed of without notice, and personal documents must be returned or destroyed.
- Landlords can only charge tenants for the actual costs incurred in removing, storing, maintaining, insuring and disposing of the abandoned goods. However, they can’t charge rent or occupation fees for holding the property.
- Failure to follow the legal procedures can make landlords subject to claims for damages, conversion or compensation by former tenants or third parties with an interest in the goods.
What If the Tenant Leaves Rubbish Behind?
Steps Landlords or Agents Can Take
Landlords can exercise certain legal rights and responsibilities to handle such situations while complying with the law once their tenants leave trash after moving out of a rental property. These are:
- Typically, landlords can clear away any rubbish tenants leave once the lease has ended, particularly if that rubbish is seen as abandoned or waste. They can hire a junk removal service to take care of the trash left behind.
- Landlords can recover reasonable expenses concerning rubbish removal, storage, and disposal from the tenant, often taking these costs out of the tenant’s security deposit. However, these costs need to be justified and directly linked to the removal and disposal; landlords can’t impose random fees or charge rent for keeping the rubbish.
- Finally, landlords are required to report any large cleanouts or hazardous waste to ensure it’s disposed of properly.
Relevant Timeframes or Dispute Processes
When renters leave trash behind, property owners must follow specific timelines and conflict resolution steps to deal with the issue.
Notice Period Before Disposal: Generally, landlords must send tenants a disposal notice and wait at least two weeks before throwing out any items or garbage left behind. This allows renters time to come back for their personal belongings..
Storage Period: The type and worth of the items indicate how long some goods must be kept. For instance, landlords should keep personal papers for at least three months. Other valuable things need storage for at least 14 days from the start the landlord tells the tenant about them.
Immediate Disposal: Landlords can get rid of food that goes bad, dangerous materials, or worthless trash immediately without any heads-up.
Claim Period for Sale Proceeds: When belongings are auctioned off due to not being picked up after storage time runs out, renters have up to six months to ask for the money from the sale. The landlord can take out fair costs for keeping and selling the items.
Dispute Resolution Processes
Written Notice and Record Keeping: Landlords should advise the tenant in writing of goods the tenant has left behind. Moreover, property or homeowners must tell tenants about their plans whether to keep or dispose of the items they left behind.
Administrative or Tribunal Applications: Tenants or landlords may seek either administrative orders or tribunal orders from appropriate jurisdictions such as VCAT (Victoria), QCAT (Queensland), SAT (Western Australia), or Magistrates Courts regarding the amount of time that storage will last, compensation, or the issue of disposal of property.
Compensation Claims: To make illegal disposal of items or denial of the property return, a tenant can apply for compensation. A landlord, on the other hand, can take up removal and storage costs from the tenant at a tribunal.
Legal Oversight: The Residents Tenancies Authority (RTA) monitors compliance and can levy fines for illegal disposals or mishandling of goods in the case of a tenant.
Tips for Tenants to Avoid Rubbish-Related Bond Deductions
1. Start Early with Decluttering
Take the initiative to sort through your belongings before your rental period ends. It allows you plenty of time to figure out what you want to keep, donate, sell, or toss out properly. Early decluttering helps you avoid last-minute rushes and any forgotten junk.
2. Use Council Cleanup Bookings in Advance
Many local councils provide bulk waste collection or cleanup services. However, you’ll need to book earlier. Scheduling these services early ensures that larger items are disposed of legally and efficiently, without worrying fines or losing your bond.
3. Book Professional Rubbish Removal for Large Items
If you have bulky or heavy items like furniture or appliances, consider hiring a professional rubbish removal service. This ensures proper disposal and saves you time and effort, reducing the chances of leaving anything behind.
4. Clean Outdoor Areas and Garages
Don’t forget about your outdoor spaces like balconies, patios, gardens, and garages. Make sure to sweep and clear away cobwebs. Pick up any rubbish or debris to meet your landlord’s and council’s expectations.
5. Leave the Home in the Condition It Was Leased
When leaving the property, ensure it’s in the same condition as when you moved in. Remember the cleanliness and rubbish removal, while considering fair wear and tear. This approach helps minimise disputes and keeps your bond safe.
How Landlords Can Handle Rubbish Left Behind
These steps will guide landlords in responsibly handling leftover rubbish, helping minimise legal risks and ensuring a smooth property turnover.
1. Record and Take Pictures of Any Rubbish
When your tenant has left some rubbish, record everything thoroughly. Take clear, dated photos or footage as solid evidence of the situation. This documentation is crucial if any disputes come up or if you need to make a bond claim.
2. Inform Tenant Within the Proper Legal Period
Remember to send a written notice to the tenant at their last known address, detailing the rubbish you’ve found and what actions you plan to take. This notice should comply with local laws, usually giving the tenant a reasonable timeframe (like 7–14 days) to pick up their belongings before disposing of them.
3. Hire a Rubbish Removal Company to Clear Property
If the tenant doesn’t respond or remove the rubbish within the notice period, it’s time to call in a professional rubbish removal service, such as All Gone Rubbish Removals. This will help clear the property safely and legally. Keep all receipts and invoices for these expenses, as they can be deducted from the tenant’s bond.
4. Lodge Bond Claim If Needed
If rubbish removal comes with costs, you can file a bond claim for those reasonable expenses, supported by your documentation and invoices. Verify that your claim aligns with tenancy laws and lease terms, providing clarity and justification to both the tenant and the bond authority.
When tenants leave some rubbish behind, landlords must act quickly. Delaying can lead to a number of problems that not only harm the property's condition but also impact the landlord's finances.
All Gone Rubbish Removals: Fast & Hassle-Free End-of-Lease Cleanouts
All Gone Rubbish Removals makes end-of-lease cleanouts a breeze! We eliminate the hassle of clearing unwanted junk from your property, ensuring everything is done quickly and conveniently.
Our skilled team takes care of everything, from heavy lifting to sorting and responsible disposal, so your space is left spotless and ready for both tenants and landlords.
Our same-day service is available in Sydney, Central Coast, Newcastle and beyond. We efficiently handle the removal of old furniture, appliances, garden waste, and all sorts of general junk, helping you minimise stress and save precious time.
Frequently Asked Questions
1. What happens if a tenant leaves rubbish at a rental property?
When a tenant leaves behind rubbish at a rental property, it falls on the landlord to take care of it, which can be both time-consuming and costly. The property might require additional cleaning or repairs before it’s ready to be rented out again.
2. Can the landlord charge for cleaning and rubbish removal?
Absolutely. Landlords have the right to charge tenants for cleaning and rubbish removal if the property is left in an excessively dirty state or if rubbish is left behind that goes beyond normal wear and tear, as long as the charges are reasonable and well-documented.
3. Is furniture included in tenant removal obligations?
Yes, generally speaking, furniture is included in the tenant's responsibilities for removal unless the lease clearly states that the furniture belongs to the landlord or is part of a furnished rental.
4. What if I don't have time to remove everything before I move?
If you find yourself short on time to clear everything out of a rental property before moving, you can take several practical steps to handle the situation smoothly. You might consider hiring professional cleanup or restoration services, using move-out cleaning services, or enlisting help from moving labour or same-day movers.
5. Cana bond be withheld for leaving garbage behind?
Yes, a landlord is allowed to withhold part or all of a tenant's security deposit (bond) to cover the costs of removing any garbage or rubbish left behind after the tenant vacates.
Driven by a passion for helping customers achieve clutter-free spaces, All Gone Rubbish Removals has become a go-to resource for waste management, featuring over 100 expert articles on rubbish removal and sustainability. Aaron’s dedication to efficiency and customer satisfaction ensures his business remains a leader in the industry.
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