Hi
I was under the impression that when buying a property with a tenant on periodic rent, only 4 weeks notice needs to be given. On the RTA website it says “4 weeks for a sale contract signed when the tenants are on a periodic agreement;” After talking to the RTA, sounds like that’s not the case because it is not written in the contract that I want vacant posession. I want to start renovating one month after settlement. This is in QLD.Does anyone know the legalities of this situation? Could I ask the current owner to give the tenant notice (settlement is 1/3/04)?
There is no written lease agreement to my knowledge. I think the bond has been lodged though.Is there any reason that I couldn’t talk to the tenant before settlement?
Any help would be much appreciated.
Judi
Well I can’t answer for QLD but in WA, a tenant on a month by month type lease must be given 60 days notice to leave. This also applies if you want them out at the end of say a 12 month lease. You have to remember to give them notice after 10 months.
Now they as tenants are only required to give me 21 days notice.
Pretty sure the law is state by state so I suggest you ring a property manager in QLD or a lawyer or look on the state govt web site. Should be easy to find what you need.
Don’t know if you can give notice until you actually own the property either.
Why don’t you talk to the tenant and ask them to leave early – offer them a sweetener – pay the letting fee at the new place or whatever you think seems reasonable.
I think the bottom line is that you are stuck unless the tenant is willing to help.Kim
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