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Re-sign or Get Out

Discussion in 'Property Management' started by joel, 21st Jul, 2016.

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  1. joel

    joel Well-Known Member

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    I'm a landlord and also a tenant. My lease expired a week ago when I was away for work. I'm now being told if I don't re sign by Monday then we gotta move.

    Surely the landlord is bluffing - there's no economic benefit in reletting a property when you already have a reliable paying tenant. As a landlord I would never give a tenant that ultimatum. I want a periodic lease but the agent reckons it's not an option.

    Any recommendations on how to handle this? What's the minimum notice period?
     
  2. Nemo30

    Nemo30 Well-Known Member

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  3. D.T.

    D.T. Adelaide Property Manager Business Member

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    You're now on a periodic lease, as they have to renew it 28 days prior to ending

    There's 4 possibilities.
    1) Stay there on a periodic lease
    2) Sign a new fixed lease
    3) You give them 21 days notice to leave
    4) They give you 90 days notice to leave (or 60 in certain circumstances)

    Option 4 it is, then?
     
  4. jim1964

    jim1964 Well-Known Member Premium Member

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    It may also be your landlords insurance policy, if it falls into periodic it can cause problems without a full lease in place.We recently had a tenant refusing to sign a new lease, wanting only a periodic, i gave them notice to vacate to cover my insurance obligations and forced them to re sign.
     
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  5. Simon Moore

    Simon Moore Mortgage Broker - Melbourne Business Member

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    I had a landlord say the same thing (via the PM). I said no thanks to renewing the lease, moved out 9 months later of my own accord.
     
    Last edited: 22nd Jul, 2016
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  6. bob shovel

    bob shovel Well-Known Member

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    Typical landlord trying to bully the tenant!:mad: Stay strong and fight!! Then drop a bag of cement down the dunny and stop paying rent! ... oh. ....wait wrong forum :oops:

    Do you want periodic or are you just waiting for your bachelor pad in glenelg to settle now that you're a greedy LL:p
     
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  7. joel

    joel Well-Known Member

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    I want periodic while I look for a bigger, nicer, safer house. I'm currently 10 mins away from work and that's too far, I'm looking for somewhere that's ~5 mins
     
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  8. D.T.

    D.T. Adelaide Property Manager Business Member

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    Those damn Adelaide commutes
     
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  9. WattleIdo

    WattleIdo renovating Premium Member

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    Best thing is to do and say nothing. You're already on periodic. Not your problem.
     
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  10. Sonamic

    Sonamic Well-Known Member

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    As a landlord yourself you should understand that periodic leases cause nervousness with some landlords due to the uncertainty factor.
     
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  11. joel

    joel Well-Known Member

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    Yes but I'd rather accept the uncertainty than remove all doubt by evicting them, lol
     
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  12. Sonamic

    Sonamic Well-Known Member

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    True. But it should never have gotten this far in the first place. Why didn't they ask you to resign before the end of the previous lease? Seems odd. Or their PM is a little slack. :p
    Sounds like they're just trying to regain the certainty that comes with a signed lease. Or preparing advertising to re-let should you leave.
     
  13. Xenia

    Xenia Adelaide Property Manager Business Member

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    Sign or get out would be our office policy too due to insurance.
    Off course only under landlord instructions always, but it would be what our office advises landlords.
     
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  14. twobobsworth

    twobobsworth Well-Known Member

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    Probably peak hour too...
     
  15. turk

    turk Well-Known Member

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    Then as a LL I would being telling your office to sort out a new insurance policy to suit my requirements.
    Much cheaper and easier sorting out insurance than a new tenant.
     
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  16. Cadbury99

    Cadbury99 Well-Known Member

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    Being on periodic lease increases the risk to the landlord of the tenant vacating at a time of year when it is very difficult to find a new tenant - e.g. Just before or after Xmas.

    On that basis I have previously given a tenant the option of signing a new lease, leaving, or staying on periodic but with a rent increase to cover my increased likelihood of prolonged vacancy.

    Obviously I probably wouldn't go down this path if there were high vacancy rates but if not, then I'm ok with bearing the cost of getting a new tenant.
     
  17. WattleIdo

    WattleIdo renovating Premium Member

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    In all the years I've been renting (more than 20 years) I was only once asked to sign the 2nd lease and I said No, end of story. I stayed 5 years, 9 years and 5 years plus other shorter stays. There sure are some selfish p7!x around here.
     
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  18. HUGH72

    HUGH72 Well-Known Member

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    Is this an SA thing? I thought in other states you couldn't stop the tenant going periodic? At least in NSW?
     
  19. D.T.

    D.T. Adelaide Property Manager Business Member

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    In all states you roll onto periodic if not renewed or ended on time (days vary between states)
     
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  20. joel

    joel Well-Known Member

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    As per my Cheapie Reno thread, I was away for a little while and now that I'm back, I'm busy working and then renovating in my spare time. No time to be signing leases and such! Maybe I'm just lazy.
     
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