Can my landlord keep my bond for normal wear and tear in Western Australia?
No, your landlord cannot legally keep your bond for normal wear and tear in Western Australia. You are only financially responsible for actual damage caused intentionally or through negligence. Ordinary deterioration from everyday living cannot be deducted from your bond.
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How it works in practice
What is Fair Wear and Tear?
In Western Australia, "fair wear and tear" refers to the normal, expected deterioration of a property that happens over time through ordinary, everyday living. As a tenant, you are not financially responsible for this natural aging process.
Common examples of fair wear and tear include faded curtains from sunlight, minor scuff marks on walls from everyday movement, or the gentle wearing down of carpet in high-traffic areas like hallways.
Your Responsibility as a Tenant
While you cannot be charged for normal deterioration, you are legally required to leave the property reasonably clean and in a similar condition to when you first moved in.
You are financially responsible for actual damage caused by negligence, misuse, or intentional actions. This includes things like large stains on the carpet, smashed windows, or significant gouges in the walls.
Disputes Over the Bond
If your landlord attempts to claim bond money for what you believe is fair wear and tear, you have the right to dispute it. In Western Australia, a landlord cannot unilaterally take your bond; both parties must sign a joint agreement, or the matter must be decided by a magistrate.
Important exceptions
The primary exception occurs when the deterioration goes beyond normal, expected aging and becomes classified as actual damage or negligence.
If you fail to report a minor maintenance issue, such as a slow water leak, and it subsequently causes significant damage to the flooring or cabinetry, the landlord may successfully claim money from your bond due to your negligence in reporting the issue promptly.
Additionally, extreme neglect, such as allowing severe mold to build up due to a constant failure to ventilate a bathroom, is not considered fair wear and tear and can result in legitimate bond deductions.
What you should do now
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Review your original Property Condition Report (PCR) to accurately compare the current state of the home with its condition when you first moved in.
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Take comprehensive date-stamped photos and videos of the entire property once you have removed your belongings and finished cleaning.
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Attend the final inspection alongside your landlord or property manager so you can discuss any immediate concerns or disputes in person.
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Refuse to sign the joint application for disposal of the security bond if you disagree with the deductions the landlord is trying to claim.
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Contact WA Consumer Protection for guidance or formally apply to the Magistrates Court of Western Australia to resolve the bond dispute.
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