A renter who recently vacated a furnished property has had their bond withheld after the landlord claimed the floorboards were discoloured by a rug the tenant had placed on them. The renter says an end of lease clean was completed and no other issues about damage or cleanliness were raised.
Photographs taken before the renter left show a clear line between the section of floor that sat under the rug and the surrounding uncovered floor. The covered area is lighter, not darker. The landlord says the rug material reacted with the flooring, and has proposed engaging an independent inspector to establish that the tenant caused the change.
The renter disputes this. Because the property was furnished, the landlord's own items such as a TV stand and a couch remained in place when the photographs were taken. The renter says similar discolouration is visible under the TV stand, and to a lesser extent under the couch, though it is harder to make out in the images. If the same pattern appears beneath furniture belonging to the landlord, they argue, the rug's material is unlikely to be the cause. The renter's view is that the marks are normal wear and tear from sunlight exposure on what they describe as cheap hybrid flooring.
Why this kind of dispute happens??
Disagreements about floor discolouration are common at the end of a tenancy because the cause is not visible in the way a scratch or a stain is. Where an object has sat on a floor for the length of a lease, the area underneath is shielded from light while the exposed floor around it continues to change, leaving a visible boundary at the edge of whatever was covering the floor. Whether that boundary is damage or ordinary ageing is the heart of the dispute.
Both explanations produce a similar-looking outcome, which is why the direction of the change matters. The landlord points to the covered area being lighter as a reason to suspect the rug. The renter reads the same evidence the other way: the uncovered floor has changed over time while the shielded areas have not.
The value of comparison points
The strongest element of the renter's position is that the pattern is not unique to the rug. Discolouration under furniture the tenant never owned or placed there is difficult to attribute to the tenant's belongings. Where a renter can show the same effect under multiple objects — including items supplied by the landlord — it undercuts the argument that one particular item was responsible.
Renters in a similar position should take photographs that make those comparisons legible: capture covered and uncovered areas in the same frame where possible, photograph under each item of furniture, and use consistent lighting. Wide shots showing where windows sit in relation to the affected floor can help establish a sunlight explanation. Here the renter noted the discolouration under the couch is hard to see, a reminder that ambiguous images are less useful than clear ones.
Wear and tear versus damage
Across Australian tenancy law, renters are generally not held responsible for fair wear and tear — the gradual deterioration that occurs through ordinary use of a property over time. Renters are responsible for damage they or their visitors cause, deliberately or through negligence. The dividing line between the two is what is being argued here.
Relevant considerations usually include how long the tenancy ran, the age and quality of the material involved, and whether the tenant did anything unusual or careless. Placing a rug on a floor is ordinary domestic use. The renter has also raised the quality of the flooring itself, describing it as cheap hybrid material, which speaks to how quickly it might be expected to change in appearance under normal conditions.
Where the burden sits
The landlord has offered to bring in an independent inspector. In a bond dispute, the party seeking to claim against the bond generally carries the responsibility of substantiating it. A renter is not required to prove their own innocence, though evidence supporting an alternative explanation is still valuable.
Renters should not feel obliged to accept a deduction simply because an inspection has been proposed. If an inspector is engaged, it is reasonable to ask who is paying, what the inspector's brief is, and to request a copy of any report. A report identifying sunlight or the age of the flooring as a contributing factor may assist the tenant rather than the landlord.
What to do if it happens to you??
Ask the landlord or agent to state in writing exactly what is being claimed and on what basis. Compare the condition report completed at the start of the tenancy with the exit inspection, as any pre-existing marks recorded at entry are important. Gather all photographs, including those showing the same effect under landlord-owned furniture. Keep records of the end of lease clean and any other work completed before vacating.
If the parties cannot agree, each state and territory has a tribunal or bond authority process for resolving bond disputes. These processes are designed to be accessible without legal representation, and they weigh the evidence each side puts forward. Renters should check the applicable body and any time limits in their jurisdiction, as claims and objections often have deadlines attached.