Tenants forced to pay landlord after fleeing their “uninhabitable” rental
A family has been ordered to pay their former landlords $3,000 after they “abandoned” they “uninhabitable” rental property.
Bechara Rizk and Ariye Atayi Juma claimed that the Sydney home was unlivable, given the unrelenting infestation of cockroaches and other bugs.
When the couple moved into the home with their young daughter on April 29th 2023, they immediately noticed “tiny insects and small cockroaches” in the linen cupboard, living area, master bedroom, second bedroom and main bathroom.
They said the house was completely inundated with insects, as they found them on the walls, doors, skirting boards, carpets and in the toilets.
Rizk emailed the real estate agency saying he did not consider the property habitable — especially for his young daughter.
“(We) went to the property an hour ago for the first time since we received the keys yesterday and there were tiny insects and cockroaches alive and dead in every room,” the email said.
“I have taken some videos if you need to see evidence but, most importantly, we are not comfortable bringing a small baby who is crawling to live in this apartment.”
“I am writing to formally pull out of the lease and wanting to understand what the repercussions are for us.”
The real estate offered to arrange a pest control service, to which the couple turned down as they believed the problem was too far gone to be fixed easily.
After returning the keys on May 1st, Rizk sent an email the next day requesting their bond and deposit be returned.
A pest controller treated the home on May 3rd, recording that a “small amount of (insect) activity” had been located and treated.
In a letter to Rizk and Juma the next day, the real estate agency said the pest controller had found “no evidence of a pest infestation in the property” and the couple’s claim the property was uninhabitable was without merit.
Rizk replied, “We have pulled out of our lease not due to a change of mind, it is uninhabitable and simply not what we signed up for.
“We cannot live in an insect-infested apartment with a young baby.”
“As any parent should understand, our child is our first priority and at the very least it would be irresponsible and the most could potentially put her in harm.”
The matter between the family and the landlord ended up in the NSW Civil and Administrative Tribunal, with the couple seeking repayment of their bond while the landlords asked for compensation for the couple’s “abandonment” of the lease.
Tribunal member Ross Glover found that the couple did in fact abandon the property, and were ordered to pay their former landlord $3,000 in compensation.
The amount was deducted from the couple's bond which left no remaining balance to be refunded to them.
Image credits: Shutterstock