we just bought a new house…..it settles on the 8th Sept. The agent for the house we are renting issued a new 12 month lease a few months ago. Because we were looking to buy, we did not sign.
A month ago a violation was sent. Our Residential Tenancy Authority booklet says as long as we keep paying rent and they keep accepting it, the lease becomes a periodic one.
Today we received an eviction notice.We are suppose to be out by the 26th Aug. According the Residential Tenancy Authority booklet they must give 14 days notice plus allow 4 days for mail.
This leaves us with a shortfall of 14 days.
What should we do?
http://www.posigear.8k.com
Positive Geared Share InvestingYou seem to be aware of your rights as a tenant.
Seems like the agent might be trying a bluff.Call them and advise them of your rights under the tenancy laws, and see what they say…
Seems like a hostile reaction on their behalf….are you sure there is not more to the story than you are letting on ?
Anyway…sounds like they don’t have a leg to stand on.
It will take a while to enforce an eviction order and get a sheriff to evict you if it comes to that.Based on the attitude of the agent, I hope you retrieve your bond OK !!
kp
thanks kp
a while ago we told them we didnt want to sign a new lease because we were looking to buy, they seemed ok with it.
I have been told that giving 8 days notice is a fineable offense (suppose to give 2 months notice), as is evicting for not signing a new lease.
http://www.posigear.8k.com
Positive Geared Share InvestingHey crashy,
Depending on which state you are in, the laws may be different with regard to a periodic lease.From memory, in WA for example, the tenancy agreement states that the lease reverts to a periodic if a fixed term lease is not renewed at the end of its term.
Under the periodic lease, either party can give notice to vacate by giving 14 days notice( or is it 21 days?).
If your agreement has a similar clause, then it sound like they do not have a leg to stand on…alternatively if they have not informed you of your rights as a tenant, then a magistrate will favour a tenant over an agent.
Especially if you have paid the rrent on time, and looked after the property.
Would be pretty hard for them to evict you imo…kp
Under periodic lease it is at least 21 days notice to vacate from landlords side…so I think they are just trying it on…
MIKALA
hi crashy
not supoposed to say this as maybe some of my tennants are on this forum.
change the locks. walk down your local street find a big solicitor on the main street.
send a letter to the real estate saying that any correspondance to be addressed to this legal firm att you c/- mr brown and leave it there.
The mail will go there they won’t do any thing because they cann’t until this legal firm tells them and until you engage them it will be in limbo
it will take 3 months before they work out who’s who and whats what and by that time youve moved.here to help
[biggrin]Good thoughts GR..[medieval]
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow Calculatorthank no problen here to help
here to help
I wouldn’t engage in any of the huffing and puffing and sabre rattling. I certainly wouldn’t engage a solicitor or do anything to subterfuge the property or the Landlord.
IMO all of these agents / PM representatives and lawyers sprouting off laws simply get in the way of what boils down to two parties sitting down together and having a civil chat.
I’d take my ‘happy pill’ and wander down for a casual chat and explain the situation. The PM or the landlord doesn’t want, or indeed need, the hassle of turning a reasonable tenant into a law quoting renegade.
Suggesting changing locks or setting the dogs of war onto other parties is quite beyond the pale over such a trivial matter. Quite rightly you shy away from these suggestions if indeed these tactics were used on yourself by your tenants. Suggesting other tenants do it to fellow Landlord’s is not quite cricket.
There are many easy win / win solutions to this ‘problem’. All of them involve mature rational adults talking face to face.
Cheers,
Dazzling
“No point having a cake if you can’t eat it.”
hi dazzling
From what Ive read crashy only wants to delay moving and as I said don’t engage the solicitor just suggest you have.
This will get you that time.
As for cricket hate the game.
I think that having a chat probably would work but I wouldn’t have the time and this way its letters or faxes and gets the same result.
the land lord probably wouldn’t know whats going on so I wouldn’t worry about him,her they(as I would) only want to make sure the rent is paid.
I like sabre rattling every so often it make the blood flow better.here to help
Hi Crashy, sounds to me like you are in Qld? Is that correct? If so, and your lease has expired, they must provide you with two months notice in writing to leave unless previous notices to remedy have been provided for the same breach and then it would be seven days (as long as it is a serious breach).
Therefore, if I were you, I would call the PM and advise you will be vacating and that you will be providing them the required two weeks notice, in writing. I would suggest if you settling your home on 8th September then you should probably vacate rented property a few days after that giving you enough time to move, clean, get carpets shampooed, etc.
Really there is not more to be said – that is the law!
Also I would ask for an appointment with the PM to be at the rented premises to conduct your final inspection. Make sure they have supplied you with an exit condition report. Fill this in, compare it with your entry condition. If there are any problems and you need to rectify these, then agent must give you 24 hours to do so.
After all of this, if you still have problems in getting your bond back, and you have paid rent up and left property as per entry condition report, then complete a refund of bond form, post it to the RTA with only your signatures and they will contact agent to get authority to release bond. If agent does not give it and you cannot mediate, then it will be up to the agent to prepare for small claims court, not you.
I doubt it will get to that however thats how it works. I’m a PM in Qld.[dead2]
Hope this helps. Bye
Yasna & Simon
thanks
I have emailed the ‘PM’ and said we know what our rights are, we are moving on the 9th and thats that.
The RTA said they dont have a leg to stand on.
If I were a landlord and I knew the PM was doing this I would not be pleased. Some tenants might get angry and just decide to stop paying rent….then I am sure the PM would get sued……
http://www.posigear.8k.com
Positive Geared Share InvestingHope everything goes well for you Crashy [thumbsupanim]
REDWING
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorHey Crashy. If you are based in Vic then the agent has probably breached the legislation. Call him and ask what the reason is. What is the reason anyway??? He can’t evict you because you refused to sign the lease!!
You a right, a 14 days is only possible if you have done something wrong. If you haven’t then tell the agent to send the appropriate notice or you will be looking forward to him wasting his l.l money by taking you to VCAT (Victorian Civil and Administrative Tribual)
The only real valid notice will be 120 days for no reason. Its all in your booklet. Go with you instincts and tell the agent to do his job properly. Don’t let him bully you and put him back in his place.
Good luck and hope this helps.
wooops.. i came a little late in the chat.. Glad to hear it worked out.
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