The short and long of it is that my current real estate agent has stuffed up.
Here’s the situation:
Monday 12 Feb I handed in my lease to re-new. Tuesday 13 Feb I was informed I had been given a Notice To Leave last week so I was to be out of my current unit by this Wed 21 Feb. Fast fwd to Friday 16 Feb and I manage to secure a place to rent. Sat 17 Feb I sign the lease and pay the bond under the distinct impression that I had to leave my current unit by Wed 21st Feb. Monday 19 Feb I get a phone call from the real estate agent stating that “oh.. by the way… it was okay for you to re-new the lease.. you are allowed to stay…” [angry2] two hours later I get a phone call from the owner himself with him plead-ing for me to stay as he had no intention of kicking me out (“stay as long as you like” — his words).Now the owner due to this whole mess wants to rent to me direct without the real estate agent. It will mean cheaper rent for me and hopefully now I can get a few improvements to the place done more quicker.
I have to break the lease of the other place as I don’t want to move into it ultimately. I don’t want to continue moving into a unit that is smaller and more expensive.
Will I get a black market against me on my credit rating/record due to breaking lease? Will I be blacklisted for rentals because I broke lease ? EVEN THO’ IT ISN’T MY FAULT THAT I HAVE TO BREAK LEASE ??
In the end, my lease re-newal that I submitted Mon 12 was okay. It wasn’t acceptable at the time however it is acceptable now.
Does anyone know my rights in this situation? Am I able to not get blacklisted and the mark on my credit as well as my full bond back because someone at the OTHER real estate agent stuffed up obviously?????
In other words, the owner never approved the Notice To Leave. The RE Agent did that on their own accord without the owner’s consent as he was pleading with me to stay and not move.
Wishing everyone prosperity!| http://www.goldcoastgirl.biz | http://www.goldcoastgirl.info |
Hi, I am not 100% on your situation but I am of the belief that if you can find someone else to take over your new lease you can get out of it. Can you afford to lease both properties for a short time?
Or maybe advertise for shared accomodation in the new property the new property and if you get a few responses let them take over the whole lease.
Another choice could be to talk to the owner who really wants you to stay and explain your situation to him. He may let you stay rent free for a short time till you find new tenants for the other property then you can pay him back with the bond money if necessary.
Good luck whatever way you go.
JennyOh btw, I was given my lease to re-new BEFORE I was given any Notice To Leave. Now they say the Notice To Leave doesn’t apply and I can stay ???????
Wishing everyone prosperity!| http://www.goldcoastgirl.biz | http://www.goldcoastgirl.info |
An update………..
I’m breaking the lease of the other place. I’m staying put as I would rather stay somewhere I already have a good relationship with the landlord (or in my case the landlady) than start all over again. Plus the landlady (and her father who acts in her place when she is too busy and/or not in the country) both wanted me to stay (they pleaded with me to stay).
Now I’m renting private-ly and directly with them. Anything I can do as a tenant to make it easier for her as this whole private renting thing and dealing with me the tenant direct is new to her. I don’t want to “take her for a ride” and show her that I do value our relationship to the point where I will help her out with the private rental market (not using a real estate property manager).
She dumped the real estate agent as they were the ones evicting me originally without her consent and she never had a problem with us and didn’t want to be rid of us. The reason the rental agent gave her was bs in her opinion.
Anyway, if I loose any money out of my bond from the other place I signed up for… I have legal grounds (and my landlady will back me up) on demanding the real estate agent that stuffed up to re-imburse me for the loss.
So now I’m looking for a tenant for the other unit. Loosing money from my bond (which I will get back so it is okay) from that other unit. Paying rent here until I can re-sign the lease she has given me (naturally I can’t sign my landlady’s tenant agreement until I am out of my other one).
[happy3]
Everyone’s happy as she gets to keep me as a tenant. I can now deal with her direct which means repairs and the niggly little things wrong with this place can now be started to be fixed. Plus with her behind me I have a good case in getting re-imburse the money I will loose out of the bond I paid on the other place.
Plus it got me organised. Put stuff in storage and doing a huge spring clean. Having a garage sale Sunday. Will dump everything in the skip I’m hiring if I can’t sell it (or give it away). Carpets are being cleaned. Pest control coming in and doing the place. etc.
Wishing everyone prosperity!| http://www.goldcoastgirl.biz | http://www.goldcoastgirl.info |
I tell you I have heard some terrible stories over land lords holding people to contracts.
A friend of mine works for a realestate doing rentals. A guy came in and signed a lease and paid deposit in the morning, said his wife was coming over to life with him from NZ. Later that day he came back all distressed saying his wife had died in a car accident and he needed to cancel the lease and go home to take care of his kids or something. They couldn’t give any of his moeny back and the owner refused to do anything about it. The company just paid him his bond money out of their own pocket so he could fly home, and to get him out of the repception cause he was getting crazy [blush2]
Be careful and ask the agent you intend to ‘break’ the lease with what they will record on TICA or any other authority.
If you have paid bond and 2 weeks rent up front on new property, any good agent can relet within that time, give you back bond/rent money balance and NOT record anything.
Just keep talking with agent.
BrianWell, I officially signed to break the lease on Monday 26th Feb. I was trying to find a tenant myself for my first initial week I was meant to be in the other unit (from 19th Feb). Since I couldn’t find anyone (had a few inspections at least) I handed over the keys on Monday 26th so the Real Estate Agent not just me can find someone for that unit.
I’ve placed an advertisement on domain.com.au for it as well as quite a few other internet based (and free as domain.com.au cost me over $100 to advertise within) classified sites.
Here’s hoping the other place is tenant-ed before the end of this week or at least before the end of the next week as I’m paying rent on the place over there ($240 per week) as well as here ($225 per week)…. and really can’t afford to keep on paying such rent (“double rent” as I call it) for too much longer.
I will give the other real estate agent (managing the unit I was supposed to move within) a call on Monday to find out if they have found anyone for the other place yet and give them an update that I too havn’t found anyone as well (even tho’ I’m trying).
The sooner all this is over and I can get my money back (so far $100+ for the domain.com.au ad, rent paid on the other place and any bond money I will loose due to the agent having to re-advertise the place etc) the bloody better!
Wishing everyone prosperity!| http://www.goldcoastgirl.biz | http://www.goldcoastgirl.info |
Just wondering if anyone would care to offer me some assistance in helping me draft a letter for me to fax to the Real Estate Agent (L J Hooker Southport) in re: me not being able to continue paying rent on the Monaco St unit.
I will be faxing the letter Thursday (tomorrow).
Some of the things I want to highlight is that I tried for a fortnight to find someone for the place before I officially signed the paperwork to break the lease. I paid for a domain.com.au 14 Day advertisement in that time out of my own money. I have continued to pay rent on a unit I never really moved within and thus it has been left in the condition the previous tenants left it in thus I havn’t done any damage to the unit. Even in the time since I have handed over the keys (the last two weeks) I have continued to pay rent and advertise the place (on the internet, at my place to work, and word of mouth) and send people to the real estate agent (L J Hooker Southport) about the unit.
I also want to highlight that I am still paying rent at the place I was supposed to move out yet never did. I want to highlight that I have been paying in total for the last four weeks $465 a week in rent due to paying rent on the Monaco St unit ($240) and the place I am at now ($225)…. I cannot do this anymore.
I want to highlight that I have been sent into major debt due to having to use my VERY NEWLY ACQUIRED (in Feb) credit card to cover expenses I could’ve covered if I wasn’t paying rent on the Monaco St unit still …. weeks later!!! I literally cannot afford to keep paying rent on the Monaco Street unit.
I want to highlight that paying rent on a unit (Watson Esplanade) I am actually living within and have continued to live with is much more important and a higher priority than a unit I never moved into in the first place (I never spent a full 24 hours in the Monaco St unit).
I want to make L J Hooker Southport (the real estate “in charge” of the Monaco St unit) aware that the only reason I signed the lease to the Monaco St unit was due to L J Hooker Surfers Paradise giving me and my flatmate a “Notice To Leave” otherwise I would never have started looking and thus never had signed the lease in the first place of the Monaco St unit as I originally intended to re-new the lease of my current unit. So in the end the fault lies with L J Hooker Surfers Paradise NOT WITH ME.
I want them to send me back via fax or post my rental ledger (all rent I have paid up until this date) as well as how much BOND I paid and thus will be forfeiting in full due to not able to keep paying rent on the Monaco Street unit as I need these records to persue a case against L J Hooker Surfers Paradise to re-claim all monies I have lost due to their stuff up.
I also want L J Hooker Southport to know that I am going to persue L J Hooker Surfers Paradise about the money I have lost. Make it clear that none of this is my fault and thus they should not mark against me in any way as I will endeavour to have that over-turned as well since I backed out of the other lease agreement because I never wanted to move in the first place (L J Hooker Surfers Paradise accepting my lease re-newal over a week later after informing myself and my flatmate in no uncertain terms we had to leave!!).
Wishing everyone prosperity!| http://www.goldcoastgirl.biz | http://www.goldcoastgirl.info |
Wishing everyone prosperity!
You must be logged in to reply to this topic. If you don't have an account, you can register here.
