In the event of any dispute, the first thing you need to do is read your lease to find out your rights and obligations and what was agreed between you and the landlord. The landlord doesn't want problems either, so it's best to discuss the problem matter with the landlord or property manager and try to come to an agreement first. When you do reach agreement, get the new agreement documented and signed.
Each state has a department of fair trading or consumer affairs office or similar which has a customer call centre that you can ring and discuss your problem free of charge. Use the Important
Links
to find the relevant office in your state.
If you cannot reach agreement with the landlord or property manager and after obtaining appropriate feedback from the call centre, you can escalate the dispute by approaching the consumer or rental tribunal in your state which governs rental disputes.
There
is an allowable timeframe within which you can lodge your
dispute, so without letting the matter drag out and
usually within 2-4 weeks of your becoming aware of the
dispute, you can complete a form and lodge it with the
relevant tribunal to have a hearing date set or the matter
reviewed. This may also require a small fee from you.
The tribunal is managed by professionals and is an independent body which shall objectively review and resolve the dispute quickly and inexpensively. The tribunal may also ask that you and the landlord try to resolve the matter between yourselves again.
In
the event of a hearing, you will be asked to table your
facts and tell your side of events, possibly also seeking
witness statements. The other party will also get the same
opportunity.
A
decision made by the tribunal is binding and will clearly
specify the outcome of a decision and what amounts need to
be paid by whom and when. The tribunal also has the power
to terminate an agreement.
Remember your best bet is to try and resolve disputes with your property manager or landlord first to save time, money and a lot of emotions. |