OMG! You so have me wrong there buddy.  I didn't think I was special by a long shot!

You may want to re-read the entire thread.  I paid all monies I owed. I never asked for the bond back.  I just thought 20 weeks and 3 days in total to find a tenant was a case of the PM being negligent in its duty to mitagate loss on my end.

Here we go I will spell it out for you

I wanted "an order made detemining that the outstanding monies of $1620.84 that I be not liable for due to believing [Property Manager] failed in their duty to mitagate loss."

Have I made my case clear-er?

Regardless, the past is the past. I settled and never went to "court" as such with them as they ended up proving to me that they in fact indeed tried to mitigate loss for me.  I'm paying the debt off.. 

I never thought I was special. That's your judgement call not mine.

We ended up settling and thus not really actually going ahead with the whole tribunal. 

I'll be paying the 'debt' off in installments (an amount i know i can easily afford thus agreed to) over the course of 15 weeks.

Why?  Well, they showed me more information about the whole she-bang and thus after seeing the information I didn't know about and being informed about it all… well.. it was plainly obvious to me that I had no chance in winning the case.  They had valid reasons (and evidence) why it took them so long.

They actually had someone lined up in April to take on the lease except the person (at the last minute as such) decided to go with another property.  Then the feedback they received from people inspecting the property (and they had inspections even on a Sunday for a few people) was valid as I knew the problems with the place.

I always took this whole deal seriously. I paid all monies owed up until this point. I adhered to being bound by the binding nature of the lease. 

So they put it to me that I am allowed to pay the debt off in installments that I can afford per week (automatically debit-ed from my account starting Friday next week) instead of having to pay the whole $1620 (etc) off in one payment………. which was unaffordable for me.

So you could say I lost the case yet ultimately I just realised after being filled in on the whole deal that the $1620 (etc) is justified and actually this PM did do all they could at the time to try to get a tenant…   it was just a not ideal unit and thus the unit itself worked against itself from being re-let easily.

So this whole saga and drama is over. YAY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

For those interested, my hearing date is August 6th @ 2pm.  So it will be awhile before we all find out (including me) as to the verdict.  I've taken this all very seriously and will honour the verdict if it does not rule in my favour.  I'm preparing for it tho' (naturally) I want to win.

They had to drop the rent form $250 per week to $230 per week and offered one week's free rent to rent the unit after all this time.  It's location isn't a hinderance as it is located CENTRAL Gold Coast just off the Gold Coast Highway.  So I have to ask what faults were there with the property that made people not want to rent it ?  I know that it didn't have a phone point and is rather small and has the laundry in the bathroom as such….  yet.. woha… 5 months.. that's 3 months (not one) over this particular PM's "normal" time.

Even two months if far too long IMO.

I'm putting applications in to the Small Claims Court.

I am seeking an order for the termination of my tenancy agreement backdated to [date]. I never moved in to the property due to my circumstances changing. I signed 'Break Lease' documentation on [date]. [Property Manager] wrote to me on [date] stating I owed $1092.96 for rent, advertising etc. That was on top of my $960 bond which they had already claimed for rent etc.  I was under the understanding that the re-letting matter and my liability was then finalised, some 3 months after the re-letting proces started. (I paid the $1092.96 on teh [date].)

Now I have received further correspondence stating I owe a further $1620.84 as new tenants have been found to move in on [date].  So in ttoal it appears that it has taken the agents 20 weeks and 3 days to re-let.  I believe they ahve failed in their duty to mitigate loss. I have taken my responsibility seriously but think 20 weeks is excessive.

QUOTED WORD FOR WORD from what I shall be submitting to the Small Claims Court tomorrow (the documentation was done today).  So now after I submit the documentation, I await a date and go from there.  The PM has to proove that they did everything possible to try to re-let this specific unit.

If they posted a decent advertisement and took plenty of applications (or at least interest) then I will loose the case and have to pay up (and happily will do so).  I will also loose if the "judge" is a by the book type of judge as such.  I will win if the Judge agrees with me that 20 weeks is rather excessive a time for a place to be untenanted.

So this won't be resolved for another month or longer now.  I did take it all seriously as I paid the $1092.96 as well as rent on the place and gladly gave up the bond..

Yes, I will be happy to pay the $1620 IF the ruling works out against me. Until then I want to try this action to see what happens.

This is all very intersting to me as I have never ever had to do this before and I feel this experience will serve me well in the future when I do become a landlord myself…

I'm not forgetting this whole experience in a hurry.

That's the thing… I was NOT paying on the Monaco Street property.  I was under the impression due to the letter I received from their office and subsequently from them verbally as I rang shortly after receiving that specific letter to confirm that I owed that amount…  I had ONLY just paid the other day (20th) the $1107.39 !!  It took me forever to be able to save up that amount of money and pay it off.

Now I supposedly owe more?!?!  I thought I only owed for four weeks rent that I had not paid on top of the three weeks rent I had already paid for that property?

Is there anything I can do on my end to find out whether I am getting screwed here or what???

If you want to know the name of this REA feel free to PM me.  You can bet your bottom dollar I will never ever deal with this REA as long as I live and will make damn sure no one else does as well.

It took them 20 weeks and 3 days to find a new tenant?!?!?!!?

Did that today already via your website contact form I also sent you a PM via these forums.

Please get back to me asap.

I called the number I have posted in this thread.  I was charged $16.05 for the privelage of phone-ing the number only to receive a message to tell me that all the operators are currently busy I should call back later. It then told me the cost of that phone call and disconnected me.  *shakes head*  That is a rip off!

$16 down the drain … $16 to be told to call back later. WTF?????

Supposedly the only way to get the information for free is to inquire via postal mail and to include a stamp self addressed envelope.  It also might take up to 28 days or some such for you to get the "free" information back.

It's just the like getting your credit report… it can take ages with the "free" alternative or pay a small sum to get the information instantly.