QLD Left rental property by breaking lease, question about rent compensation

Discussion in 'Property Management' started by luckyone, 18th Apr, 2020.

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  1. luckyone

    luckyone Well-Known Member

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    I’m very stressed. I’ve had to break the lease on the house I was renting in order to buy the house I’ve now moved into. I entered into the contract right before this covid crisis really took hold unfortunately, otherwise I would have never bought during this time.

    Anyway, the property manager, in my opinion has not made enough of an effort to get a new tenant in. The main reason I feel this way is because she has rejected 4 applicants so far saying they are all “unsuitable”.

    She’s saying I’m liable for rent up until the end of lease date which is the 17th of July. I’ve never broken a lease before that I can recall, but surely it’s not unreasonable to assume that a tenant should have been found by now? I mean it’s been advertised for 3 weeks now.

    She told me on Tuesday this week (I vacated and handed over the property Wednesday 8 April) that there was a dog smell in the master bedroom. I went over that afternoon with three cans of a dog smell remover/deodoriser and sprayed it all over the carpet there.

    On Wednesday she messaged me saying the smell was much better but still there. She said she’d get back to me if I needed to go there again.

    I didn’t hear anything, so assumed it was all fine. Then today I sent her a letter (as recommended by tenants assistance QLD) saying that I didn’t think she was doing enough to rent the property and that I was going to stop paying rent.

    So tonight she replies back that she’s very “offended” and that the main reason it’s not getting rented is because of the dog smell. She now claims it’s throughout the house and that I need to pay $210 for a full deodorisation.

    Surely this all can’t be right? The tenancy help group aren’t open over the weekend so I can’t get help from them. Anyone know about this stuff?
     
  2. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    what is the current vacancy rate in the area ?

    ta
    rolf
     
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  3. Angel

    Angel Well-Known Member

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    Hi @luckyone
    Congratulations on moving into your own home. I hope you will enjoy living there with your pets.

    If I can offer any comfort, I dont understand how the PM can claim that you have to continue paying rent until July. What specifically does your lease agreement say about break lease conditions.

    Secondly, I believe that when a tenant has pets, even "outdoor only", that it is part of the lease agreement to get the carpets cleaned and fumigated when the tenant vacates. I dont know if the legislation has changed since the last time I read a lease document, a few years ago. Have you had the carpets professionally cleaned, in which case get the cleaner back.

    Hopefully the PM will be more reasonable next week now that the state govt is clearer on its new tenancy legislation.
     
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  4. luckyone

    luckyone Well-Known Member

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    Yes, I had the carpets professionally cleaned and a bond clean and fumigation all done after I left. All by her recommended trades too

    And unfortunately the lease has the standard clauses in it so it says I have to pay rent until a new tenant is found. I never could have anticipated that this virus would happen and mess up the rental market like this. I don’t see how it’s fair that I wear all of the coat!
     
  5. luckyone

    luckyone Well-Known Member

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    1.08% apparently
     

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  6. Angel

    Angel Well-Known Member

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    Yes, I thought you would have :). The only thing I can think of is that the carpet cleaning contractor wasn't specifically instructed to work on the dog smell, so there is an additional charge for that. Please check over his work order/invoice carefully. (I have a bad memory from a carpet/sofa cleaner who wanted to charge me for deodorising pet smells even though that service was not done)
     
  7. luckyone

    luckyone Well-Known Member

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    Yeah, I booked him in and specifically mentioned that I had a dog. He also did the flea treatment, so definitely knew I had a dog
     
  8. Owlet

    Owlet Well-Known Member

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    Hey Luckyone, it is great that you have been doing the right thing as per your lease. As a landlord, we were in a similar situation where tenants broke lease with 6mths remaining and we were not getting suitable applicants apply. A landlord shouldn’t have to accept anyone in this situation. Because our tenants did the right thing and kept paying as per their obligations - we came to the party and said they didn’t have to pay anymore.
     
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  9. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    statement one is contra to 2 by PM, just re read

    Which is it - cant be both.

    ta
    rolf
     
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  10. Tom Rivera

    Tom Rivera Property Manager Business Member

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    It's quite possible that the Dog smell has permeated the whole house, a general carpet clean wont get an insistent smell out and $210 for a deodorization treatment is reasonable.

    It's probably not renting because we've taken a huge hit to demand levels from people who are staying put right now. It's come back a bit since Easter, but I've still been dropping rents anywhere between 5-20%(!) to get quality people through the door in a reasonable time frame.

    You can suggest a rent reduction based on the new market conditions, which would require you to pay out the reduction to end of tenancy. E.G. If you owe rent for another 10 weeks and they drop the rent by $20wk, you pay $200. Of course the Landlord still needs to agree, but if the evidence shows that the reduction is necessary then they have a responsibility to do it. Failing to do so can be construed as creating an unreasonable barrier to mitigating your loss, which entitles you to termination.

    That all said, without their cooperation, you need to go to tribunal seeking termination. You wont get a hearing for some time based on current circumstances, so you'd need to make an executive decision now about when you will pay rent to now and hope the Adjudicator agrees down the track. FYI, Tribunal generally considers one month to be sufficient time to secure a new tenant unless the agent has a compelling reason for extended vacancy.
     
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  11. The Gambler

    The Gambler Well-Known Member

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    I'd pay the 210 bucks and get it done asap. What is 210 dollars in the grand scheme of things?

    Also, as it's your dog, you probably can't smell it, but to others it's probably clear as day. Smells can also grow on you as well in both good and bad ways. Good is where you get used to it and bad is where it slowly gets worse and you begin to notice it.

    You have tried your best, and if you believe the cleaner hasn't done a good enough job and you paid for dog smell cleaning, contact them and ask them to do it again.

    Is the PM taking their sweet time in getting in a new renter because the rent is covered already? Possibly, but you can't know that... even with 4 unsuitable candidates. But it is probably harder to find a suitable tenant now as well. I don't think that is the LL's problem though and they shouldn't be out of pocket for you breaking the lease. Ultimately this was your decision and it's your responsibility.

    It probably didn't help telling the PM they weren't doing their job properly. I'd email an apology and say that you've just been frustrated and I'm sure the PM will understand and things can move more smoothly.
     
    Last edited: 18th Apr, 2020
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  12. geoffw

    geoffw Moderator Staff Member

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    Check the agent's advertising, to ensure that they are taking reasonable steps to find a tenant. In normal circumstances, they should be advertising at the same rent - but that probably wouldn't cut it now. Perhaps you could offer to pay the difference between the cut rent and existing rent until the end of the lease?

    The property manager really doesn't have any pressure to relet the place. In NSW a tenant who has broken a lease can take action against the PM if they believe appropriate action has not been taken to find a tenant.
     
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  13. luckyone

    luckyone Well-Known Member

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    Thanks Tom. Is one month from the date I vacated or the date I have notice?
     
  14. luckyone

    luckyone Well-Known Member

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    Yes, I was very hesitant to send that letter, however it was on advice from Tenants Queensland and I used their template. I figured she would have seen it before so it wouldn’t upset her and she’d realise I was just trying to minimise my costs. However, clearly that is not how she’s taken it. I don’t really want to do anything else until I speak to them again.

    I just really don’t think it’s fair that I should be so out of pocket for something that is completely out of my control. I mean any normal person would expect a 4 bedroom house in a market with 1.08% vacancy to rent very quickly.

    Manx if the dog smell was such a problem, why didn’t she mention it prior to my vacating?
     
  15. thatbum

    thatbum Well-Known Member

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    Probably you should be getting some proper tenancy advice, but I would have potentially stopped paying "rent" immediately after vacating and then definitely by the time they refused the first applicant.

    I'm sure this will offend some people here, but its the best way to preserve your rights and if it turns out the lessor actually is taking reasonable steps to mitigate their loss, then you can always settle the account at the same time as the bond.
     
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  16. Tom Rivera

    Tom Rivera Property Manager Business Member

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    I would think it is one month from the day notice is given, unless she had a good reason for not advertising until it was vacant?
     
  17. Antoni0

    Antoni0 Well-Known Member

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    I've had this exact issue happen before and who ever cleaned the house and carpets, sprayed the whole house with deodoriser. Upon first inspection, I was a bit suspect with the overwhelming wattle fragrance but when I went back 4 weeks later with all windows and doors of the house closed, the carpets just stenched. I aired the house out for a few weeks and got the carpets redone at my own cost and the smell eventually went away.
     
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  18. geoffw

    geoffw Moderator Staff Member

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    You've had a bond clean, but there is still a smell. Shouldn't the onus be on the cleaning company?
     
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  19. Omnidragon

    Omnidragon Well-Known Member

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    Sorry what are you trying to achieve? Get your bond back and get out? Why don’t you just tell her it’s in no one’s interest to drag this out and end up at the tribunal in these times. You’ll make a reasonable effort to fix any problems, you want your bond back, and that’s it.
     
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  20. luckyone

    luckyone Well-Known Member

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    You would think so, but the guy who deodorised the place says I need to pay another $200 to have a heavy duty deodorisation done
     

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