- October 6, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder: Assisting with Bond Dispute and Unreasonable Demands
Introduction
I am currently facing a bond dispute with my previous landlord, who is taking me to VCAT (Victorian Civil and Administrative Tribunal) over a significant amount of money – nearly $6,000 – while my original bond amount is only $2,500. The dispute mainly revolves around water damage to the engineered timber flooring in the apartment, which is clearly noticeable. This flooring is quite old, most likely the original one since the building was constructed in the 1990s.
Significance of Water Damage on Flooring
An expert specializing in flooring has examined the situation and provided a quote, stating that the entire flooring should be removed due to the unavailability of materials matching the existing floor. While the actual damage is limited to a square foot in the hallway, my previous landlord insists on replacing the entire flooring throughout the kitchen and entryway, demanding that I bear 50% of the costs.
Reasonableness of Landlord’s Demands
Considering the circumstances, it raises the question of whether my landlord stands a chance of winning this dispute. To expect me to pay for half the cost of new flooring throughout the entire apartment seems highly unreasonable, as the damage is confined to a small area. I would willingly cover the expenses for the damaged portion based on its square footage or meter measurement.
Challenges in Evaluating Flooring Specialists and Contacting Tenants Union
In order to assess the situation accurately, I have attempted to reach out to several flooring specialists. Unfortunately, they require detailed measurements, brand information about the flooring materials, or would prefer to physically inspect the premises. However, I am no longer residing in the property, making it difficult to obtain this information. Additionally, I have been unsuccessful in contacting the tenants union for advice or guidance.
Need for Documentation and Non-Responsive Agent
To strengthen my case, I have requested my previous agent on three separate occasions, in writing, to provide before and after photos of the flooring (as they are also claiming repainting expenses for a few scruff marks), evidence of past upgrades or polishing of the floors, and documentation on the last time the apartment was painted. Unfortunately, my agent has ignored all my requests, leaving me without crucial evidence to support my position.
Utilizing AI Legalese Decoder for Assistance
In this challenging situation, it would greatly benefit me to employ the AI Legalese Decoder to navigate the complexities of this bond dispute. This innovative tool could help me understand the legal aspects and obligations surrounding bond disputes, building a strong argument based on relevant precedents and legislative requirements. By analyzing the specific details of my case, the AI Legalese Decoder could offer valuable insights and recommend the best course of action moving forward.
Conclusion
To resolve this bond dispute over the significant amount of nearly $6,000, assistance from the AI Legalese Decoder is greatly needed. The unreasonable demands of my landlord, coupled with challenges in evaluating the damage and contacting relevant experts, have complicated the situation. Furthermore, the unresponsiveness of my previous agent and the absence of necessary documentation further hinder my ability to defend against these claims effectively. It is my hope that with the support of the AI Legalese Decoder, I can receive the advice and guidance necessary to successfully navigate this bond dispute and attain a fair resolution.
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AI Legalese Decoder: Simplifying Legal Language
Introduction:
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The Challenge of Legalese:
Legal language is filled with archaic terminology, lengthy sentences, and excessive use of technical terms. For those without a background in law, deciphering legal documents can be a daunting task. This is where the AI Legalese Decoder proves invaluable, as it can analyze complex statutes, contracts, and legal documents and provide a simplified explanation of their content.
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****** just grabbed a
The damage was not already there when I moved in and was caused by a pot plant which i was oblivious to any damage at the time. Upon noticing the damage I hired a builder to sand and re lacquer the affected area.
I am aware of the ATO depreciation scale and that floorboards have a life expectancy of 15 years. The landlord has had the property for 17 years. They must be the original flooring we all the apartments in the block have the same flooring however I cannot be sure whether the landlord has had them repolished since she acquired the property.
Dispite the pot plant causing the damage my argument will be that the boards have been in use for well beyond their life span, the landlord has benefited from them for the entirety of their life span, the age of the boards have more than likely contributed to the damage as new high quality boards would not damage so easily. They are also in a high traffic frequent area. It is my understanding that a landlord cannot claim any damages for items which are past their life expectancy however What worries me is that vcat is not bound by the ATO depreciation scale
The agent has also not provided photos in their vcat application. I no doubt believe they have photos and are withholding from me despite me requesting these photos on three occasions
Surely they cannot charge me to replace undamaged flooring. The damage is the size of a plate
>The damage is about a square foot in the hallway
What’s in your incoming condition report? Was it already damaged and noted? Did you advise the agent of the damage?
What’s caused the damage? Hallways aren’t generally wet areas. Does this back onto a bathroom?
Was the damage caused by your use or abuse eg pet’s corner?
It may be reasonable to expect some costs for the repair however not for the replacement of the entire floor.
There is depreciation to be taken into account.
So there should be mediation first. You dont have to agree to give up any of your bond and for this amount I wouldnt give up and go to tribunal to let them sort out the figure.
Did you cause the damage or did their pile break or something in the house leaked?
If anyone else can provide further advice that would be greatly appreciated!
I guess the biggest question which you haven’t really addressed is did you cause the damage?
Did you have a record of notifying them of the water damage at the first opportunity? If they haven’t done anything to mitigate the damage then their claim is unlikely to succeed.
There is also depreciation to consider, you can google the ATO depreciation rates off the top of my head I think timber flooring is 15 years and that will affect the percentage you are required to pay.
I think even worse case scenario for you then you will be required to pay much less than 50% of the invoice.
You really really need Tennant’s union advice on this $6000 is a lot of money, I know they are hard to reach but keep trying.
I suspect what they will do is let you sweat on it for a while and then offer you a “generous” deal where they withdraw the VCAT application if you agree to you whole bond being forfeited to them…
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Go to tribunal. DonÔÇÖt offer to pay or remediate at all. The floor is effectively worth nothing, so you will be required to pay nothing.
They are required to provide all the evidence of before and after photos to you before the tribunal. They were already shit out of luck, but if they wonÔÇÖt provide photos they can pound sand.
The tribunal is going to laugh at them. As should you.
Again, donÔÇÖt offer them a cent. You already had a builder out to sand and relaquer.
Furthermore, if they do look like they might win, ask for evidence they are actually going to do the work before releasing – because we all know they arent.