A lease agreement contains a clause requiring the tenant to pay for professional carpet cleaning at the end of the tenancy, regardless of the carpet's condition. What is the likely status of this clause?
Correct Answer
C) Likely invalid, as an unfair term that charges the tenant whatever the carpet's condition.
Clauses requiring professional cleaning regardless of condition are generally considered unfair terms under most Australian residential tenancy legislation. Tenants are only required to return the property in the same condition as received, allowing for fair wear and tear.
Why This Is the Correct Answer
A term that makes the tenant pay for professional cleaning whatever the carpet's condition shifts a cost the tenant does not owe. Several states expressly restrict such terms, and it is open to challenge as an unfair term.
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