Advice on abusive landlord

Discussion in 'Legal Issues' started by Royyy, 2nd Mar, 2020.

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  1. Royyy

    Royyy New Member

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    Hi guys

    I’ve run into a bit of a problem with my landlord and need some advise.

    I moved into a property 4 months ago, which is under contract to my friend. She wanted to move out and her lease hasn’t expired yet, so she asked her landlord if I could move in for ‘short term’. The landlord agreed and no new contracts were signed.

    The contract between my friend and the landlord finishes up on 19th March (2.5 weeks away). The landlord contacted me and said we need to sign a new contract. I did a quick research and found the market value of the properties around here has dropped soI wanted to negotiate with him as I will he making a long term commitment.

    Here is where the troubles began, as soon as I mentioned I wanted a decrease in rent, he refused, so I asked for some time to think about it. He asked me how long I needed, I said I will get back to you and will give you 2 weeks notice if I decide to move out. He then started talking very abusively and asked me to move out tomorrow and that he doesn’t need to give me notice to kick me out as I’m not in a contract with him, therefore I have no rights as a tenant. He said either I move out tomorrow, or sign the contract for 6 months at the rent it’s at now, or he will increase the rent once he leaves.

    I reluctantly signed the lease for 6 months.

    However, upon further inspection of the contract, I realized it’s just a template off the internet and the contract period is not correct. It says the contract period is from 1 March 2020 and ends on 1 March 2020.

    I really don’t want to stay here. Is there anything I can do? Any advice would be greatly appreciated. Thanks in advance!
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Have you paid a bond?

    What is to stop you from just moving out?
     
  3. Royyy

    Royyy New Member

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    I’ve given my friend 4 weeks rent as bond. She hasn’t given that to the landlord yet.

    I don’t know if the landlord will hold me to the contract that I’ve signed. Does that mistake void the contract? If so, I’ll be moving out ASAP
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Mistakes can void contracts as can undue influence etc. But you might have to go to the tribunal to fight it. Why have you paid bond to the friend?
     
  5. Royyy

    Royyy New Member

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    I gave her the bond because I thought that was the right thing to do by her, since I’m living in the property now instead of her.
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    she isn't the landlord.
     
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  7. thatbum

    thatbum Well-Known Member

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    Nearly none of this makes sense to me.
     
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  8. willair

    willair Well-Known Member Premium Member

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    Ask the Lady for your money back and move out,from a legal side as i have been through this a few times where the person on the lease would sub--let the property out at a higher rent and the new people would pay the LADY THE RENT and every time i would turn up they would ring the Police and it took 4 months to evict them..imho..
     
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  9. Archaon

    Archaon Well-Known Member

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    Was there a clause in your tenancy agreement forbidding sub-letting?
     
  10. Toucan

    Toucan Well-Known Member

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    The contract you signed ended on 1 March 2020. You're not bound to it now. Even if it was a typo/mistake. That contract is now void.
    Move out & Get your money back from your friend. I would not want to hang around, I'd be running.
     
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  11. Ace in the Hole

    Ace in the Hole Well-Known Member

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    So some of it makes sense to you ?
     
  12. willair

    willair Well-Known Member Premium Member

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    Archaon..
    No i was self managing back then ,made so many mistakes about trust with people and if they could not pay the rent on time i would just come back in 2 weeks and try again..
    That's why i walked away from self management several years ago and just put everything into a local RE property management ..Only my opinion in between insurance companies that don't pay ,tenants that know the law better then a Silk Wearing ''QC'' it's stress free when you have that buffer and a switched on ''PM'' is worth their weight in Gold..imho..
     
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  13. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    This is one reason why I'd be reluctant to deal with a private landlord instead of going through a licensed agent.

    Your bond should have been paid to the landlord, who should have then forwarded it to the relevant bond authority. The landlord should have organised for your friends bond to be returned directly to her.

    At this point you've probably got no real paper trail evidencing you paid a bond and you're relying on the good will of your friend to refund the money you paid her. She'll need to claim the bond back when you move out. In essence, there's a good chance you'll never get your 'bond' returned.
     
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  14. Royyy

    Royyy New Member

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    Thanks to everyone who have replied. Really appreciate all the time you spent to help. My friend will definitely give me back my bond, I’m not concerned about this at all.

    I’m just concerned that the landlord will hold me to the contract. But reading all the responses, it looks like I’m not bound. He will definitely come and try kick me out tomorrow once I tell him I’m moving out, but it looks like i can call the police and he doesn’t have the right to do so.

    I wish to do the right thing by him, but he does make it hard...lol
     
  15. Momentum

    Momentum Well-Known Member

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    Why do you think you can call the police? They don't care about you and your lease. Just make sure you get the bond back from your friend tomorrow
     
  16. Trainee

    Trainee Well-Known Member

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    Your friend should never have taken your bond at all. It sounds like you are all ignorant of the correct process, and that includes the landlord.
     
  17. Ted Varrick

    Ted Varrick Well-Known Member

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    Get your money back from your friend and tell the landlord that if he doesnt pull his head in then he can go get a tribunal or court order to evict you. In the mean time doing a reasonable deal is the best outcome.
     

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