Understanding NSW Rental Property Carpet Laws [2023]

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The Insider @ Houst
Last updated on
August 2, 2023
February 6, 2024

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Understanding NSW Rental Property Carpet Laws [2023]

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Renting can be difficult and it's normal to worry about damaging the property. When your lease ends, the inspection can be stressful. It's hard to make sure everything is clean and undamaged, especially if you have carpets or rugs. Naturally, you'll be keen on getting your bond back at the end of your tenancy, which might raise a few questions, such as whether tenants are responsible for carpet replacement or cleaning expenses.

So, who holds the responsibility for cleaning the carpets once the lease agreement comes to an end? Is there a specific law that addresses this matter? Can your landlord compel you to pay for a professional carpet cleaning or replacement service? In this article, we’ll discuss rental property carpet replacement law NSW.

Table of Contents

Carpet Cleaning in Rental Properties

Are tenants obligated to cover the cost of carpet cleaning? The answer to that largely depends on whether there is any "unusual damage" to the carpets when the tenancy comes to an end. Tenants may be responsible for the expenses if professional carpet cleaning is required due to damages beyond normal wear and tear. If cleaning after a tenant leaves costs more than normal, the landlord can take the extra cost from the tenant's security deposit.

It's important to note that the legislation and regulations regarding carpet cleaning can vary between states in Australia. However, the consensus on cleaning standards tends to be similar. For instance, in New South Wales, the law prohibits explicitly including a term in the lease that mandates tenants to have the carpets professionally cleaned unless such a condition is agreed upon for pet-keeping purposes.

Landlords cannot charge for carpet cleaning during the lease or from the security deposit, and tenants cannot be forced to use a specific cleaning company. However, landlords cannot charge for routine carpet cleaning during the lease or from the security deposit. Also, tenants should not be coerced into using a specific cleaning company.

In many tenancy agreements, landlords must thoroughly clean the carpets every two years or before a new tenant moves in. If you're renting and it's time for the rental to be cleaned according to the law, you need to bring this requirement to your landlord's attention.

As a tenant, it's wise to conduct a comprehensive walkthrough of the apartment and document any pre-existing stains or damages on the carpet. If you come across any stains that were present before you moved in, the landlord cannot demand payment for cleaning those specific areas. To know your tenant rights and carpet cleaning expenses, refer to:

  • State tenant-landlord laws
  • The terms outlined in your lease agreement
  • Any written communications and agreements you had with your landlord

Wear and Tear on Carpets in Rental Properties

Landlords usually assess the property's condition after a tenant moves out. This inspection aims to identify any damages that may have occurred during the tenant's stay. Fortunately, there are certain instances where ordinary wear and tear on carpets should not be held against the tenant, including:

  • Light damage resulting from continuous walking.
  • Areas where carpets have naturally thinned due to regular use.
  • Slight discolouration caused by everyday dust and smoke, easily remedied with cleaning.

All of the above are considered normal wear and tear, and the good news is that most common stains and light discolouration can be effectively addressed with a professional deep carpet cleaning.

Professional carpet cleaning service for rental properties

However, certain types of damage fall outside the realm of fair wear and tear, signalling the need for carpet replacement. These include:

  • Holes and rips in the carpet fabric.
  • Burns that have left noticeable marks.
  • Large food or paint stains that are difficult to remove.
  • Unpleasant urine stains, especially from pets.

Carpet wear and tear from before and during the tenancy is normal and not the tenant's responsibility to repair. Certain damages may arise from pre-existing wear and subsequent damage during the tenancy, which can be defined as normal carpet depreciation. For example, suppose certain sections of the carpet were already worn at the start of the tenancy and later experienced additional damage. In that case, it can be attributed to regular wear and tear rather than negligence. A good example is when carpets are already threadbare, and regular usage during the tenancy contributes to further ripping.

Is Replacing Worn Carpet the Landlord's Responsibility in Rental Properties?

 

The matter of replacing worn carpets in rental properties can vary depending on your location and individual circumstances. According to rental property carpet replacement law NSW, when you inspect a rental property before signing the lease, you must assess its condition and satisfy yourself with its state. Any existing defects, such as worn carpet, broken fly screens, or holes in walls that are present during the inspection, are typically considered part of the agreement. Accordingly, the property should be priced to account for these conditions.

However, landlords in Australia generally must maintain their properties in a safe and habitable condition. Some issues, like leaking toilets or broken hot water systems, are clear-cut examples of conditions that would render a property uninhabitable. The landlord should take care of these issues.

Worn carpets fall into a slightly more subjective category. If the carpet was in good condition when you moved in, it's the landlord's job to replace it if it becomes too worn out. Normal wear and tear is not your responsibility, but you will be responsible for any damage you cause. For example, if your toddler accidentally damages the carpet using something sharp and creates visible slices, this damage would be the tenant's responsibility, not the landlord's.

Tenant and landlord discussing carpet care

Timeline for Carpet Replacement in Rental Properties

According to rental property carpet replacement law NSW, the frequency of carpet replacement in rental properties can vary, as not all carpets are created equal. Several factors come into play, such as water damage, the presence of pets, spills, and environmental conditions like climate, all of which contribute to determining the carpet's lifespan. Even without visible damage, age and normal wear and tear eventually warrant replacement.

The standard depreciation period for carpets is typically set at 10 years in Australia. Once this period has elapsed, the responsibility for replacing the carpet falls on the landlord. If tenants haven't damaged the carpet in 10 years, they can't be charged for replacing it. If any deductions are made from the tenant's deposit regarding carpets and rugs, they should consider the carpet's age, expected lifespan, and the way the tenant has used it.

Revive Your Rental's Charm with Houst

Don't let tired carpets drag down your rental's appeal! At Houst, we've got you covered with our top-notch property rental management services that cover all. Our dedicated housekeeping team ensures your carpets are thoroughly cleaned and revitalised, leaving your guests impressed with a fresh and inviting space.

Say goodbye to stains and odours caused by continuous use; our 5-star cleaning process tackles even the toughest carpet issues. We adhere to Airbnb's cleaning protocols and provide regular deep cleaning.

With Houst, you can relax knowing your short term rentals or long term lets are in the hands of experts. We handle everything, from booking management to maintaining hotel-quality linen and supplies. Our housekeeping app streamlines the process, so you stay updated on each clean.

The Insider @ Houst

The Insider @ Houst

The Insider team at Houst is dedicated to providing up-to-date and relevant information on short-term rentals. If you have hosting inquiries, please write to us at expert@houst.com. For guest inquiries, reach out at guest@houst.com. We are here to help you navigate the world of short lets and look forward to assisting you with your needs.

The Insider @ Houst

The Insider @ Houst

The Insider team at Houst is dedicated to providing up-to-date and relevant information on short-term rentals. If you have hosting inquiries, please write to us at expert@houst.com. For guest inquiries, reach out at guest@houst.com. We are here to help you navigate the world of short lets and look forward to assisting you with your needs.

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