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She said the landlord claimed she and her family destroyed carpet, damaged flooring, burned a small portion of the outdoor patio, punched a hole in the wall and caused water leaks and subsequent damage.
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Bakshi denied causing damage beyond normal wear and tear and not receiving an exit report detailing the evidence, and said she reported the leak as soon as she learned of it.
The lawsuit also seeks damages for stickers and markings left on the walls by Bakshi’s children, who refused to clean them up after her relationship with the landlord broke down.
Bakshi said she was kicked out after she was joined by her landlord, who was also the property manager, during a routine inspection and raised questions about how Bakshi was keeping the property.
Bakshi said that once the eviction notice was sent out, landlords and businessmen began showing up unannounced to prepare for the landlord’s daughter to move in. Bakshi had just given birth and was strictly following Indian tradition that requires new mothers to avoid having visitors for 40 days after giving birth.
Anika Legal reduced the amount due to about $3,500. Bakshi said during the negotiations, the landlord said he regretted filing the claim.
“(But) they just want to make money from us and then renovate their own house. I know a lot of renters are going through this.”
Lim said one client was fined $400 for “tape residue” and VCAT reduced the claim to $100. In another case, lawyers at Anika Legal said they saw the property listed on Airbnb after the tenants were told the owner would move in, after which the landlord dropped his claim. In one pending case, the landlord’s security deposit claim is the same as the amount of damage caused during renovations.
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Amy Frew, director of customer services at Victoria Tenants, said deposit claims were a widespread problem. “Tenants Victoria helps over 1000 tenants with deposit claims every year,” she said. “It’s no surprise that some landlords still struggle to understand basic concepts such as ‘normal wear and tear’ on rental properties, which means it can be really difficult for tenants to get their money back in a timely manner.
“Bonds should not be withheld by dodgy landlords who refuse to play by the rules.”
Real Estate Institute of Victoria senior vice-president Sam Hatzistamatis would not comment on the Anika Legal figures because he had no information on the circumstances of 443 of the cases.
“Without knowing the specific context of these cases, it is difficult for us to comment on individual individuals.”
He said REIV members would not lodge false claims with VCAT because the agency trained them.
A Consumer Affairs Victoria spokesman said: “Real estate agents are required to comply with their professional conduct obligations under the law, which include acting fairly, honestly and with integrity at all times.”
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