Handing back the keys

When a lease is over, on the last day, when do keys have to be handed back to the agent by? This should be before the agent is close for the day right?

 

Until midnight , technically

 

In NSW as a tenant, you still need to give notice, in writing to the agent or owner... ( is it 30 days not sure?)
HAve a copy of your ingoing inspection report on hand
Don't forget electricity phone gas water meter reading..
I hope this helps

 

Very technically, there's no actual timeline in most states as far as I know. The issue of the keys being returned is separate from whether vacant possession is offered back to the landlord/PM.

As long as vacant possession is granted, then the keys arguably should be returned a reasonable time after that (which often is the same day or next reasonably suitable day).

But its not the case that return of keys date = vacant possession date necessarily.

 

How do you prove vacant possession if you don't return the keys and hold on to it until say noon next day?

 

You mean as a tenant? Typically with an email, phone call or text to the PM//LL saying "I have now vacated the property"...

 

That seems a bit rough. "Guess what? I've moved out, but still have the keys to get back in if I want to" doesn't sound too much like they've completely finalised their contact with the property.

 

Some will just leave their keys in the house and lock the door on the way out. Its technically vacant possession delivered albeit a little annoying.

I'd say this kinda thing comes down to how good an induction you give the tenant at the beginning (on all the rules and procedures) and what kinda relationship you maintain during the tenancy. Do the right thing by people and they'll usually do the right thing by you.

 

Isn't this even worst? Are you as a landlord supposed to have a spare set of keys? I don't think I have.

 

Not ideal, but it happens

That's OK, I assume your PM has one

 

In which you as the landlord ask for the keys back as soon as possible. The definition of vacant possession isn't that they've completely finalised their contact with the property anyway - it rarely affects whether vacant possession has been granted or not. A LL or PM should have a set of keys.

Honestly, common sense applies. It rarely comes up as an issue, except when some PMs try and claim extra days rent because keys haven't been handed in (often a spare or lost set), but otherwise vacant possession has been granted and communicated.

Generally, those claimed days get treated with some scepticism by a court/tribunal if disputed.

 

I've rented a few places years back - each place asked me to leave the keys on the kitchen table when leaving, and lock the door behind me.
Most did the exit report the next day, one decided to do it 3 weeks later (and then claim there was cobwebs and dust and tried to take from my bond lol).

 

That's what worries me - there doesn't seem to be a lot of that around anymore, and people look for any excuse to given someone else a hard time.

That's why I would have thought that returning the keys would be a definite part of the hoop-jumping 'process' required to demonstrate total vacant possession, not just a case of "we're telling you we're not actually situated in the house" anymore.

 

It might be odd to think about it, but the "telling you" part is probably one of the biggest factors when deciding if vacant possession is offered.

So there's no one clearly defined boundary of what vacant possession is. Otherwise, where do you then draw the line?

A tenant that leaves behind a pair of shoes? What about a piece of heavy furniture, or multiple rooms of furniture?

If you think about the settlement day of a house, what happens first? Does the buyer refuse to settle until they receive the keys? I think in most cases, the buyer asks for the keys when possible after settlement.

Its along a similar vein I think.

 

And what to do if they hang on to the keys and don't given it back to me say for weeks? Vacant possession is not going to do me any good if I can't get into the house.

I think there are too many technicalities with the landlord vs tenant agreements. There is a loophole for everything and nothing is a black and white as it should be. So you have a tenancy agreement and there is a set date that the tenant must leave if given the notice to vacate, they should leave but in reality, they can stall for weeks and there is nothing the landlord can do about it. Doesn't seem fair at all.

Something as simple as handing back the keys can be so stressful when people have no common courtesy to play by the rules and do what suits them best at the expense of others. It should be simple as last day, you empty the house and return the keys by a mutually agreed time for that day. What's so hard about that?

 

You or your pm don't have another set?

Its not anywhere near as much an issue as you make out.

 

Right of occupy is a legal issue, not whether you have keys or not. If a previous tenant still has keys, it doesnt mean they are allowed to move back in. Get a grip, OP, Then get a locksmith. If you own the property and no one else can legally occupy it at the time, you can break a window to get in if you want.

 

Hey guys quick question. Live in VIC. so the house we are renting atm lease was up on the 19th of this month. We haven't had any contact from the real estate about another contract or going month by month. So we have decided to move have another house to rent already. Our rent for this place is due on the 20th of next month. We gave 28 days notice via email. The made it the 27th of next month to hand the keys in and worked out only a weeks rent we would have to pay. Just got a call from the property manager saying they are closed from the 24th of dec to the 2nd of Jan. So we can't hand keys in until the 2nd and will be charged an extra 5 days rent. Just wondering if this is allowed. Cheers

 

Doesn't sound right on the property managers part.

If you have already moved out, can you hand them (and do the final inspection) earlier?

Alternatively, suggest you will leave them inside, take a photos of the property and where you left the keys prior to vacating and email to the PM.