Renters rights at the end of lease

Hi guys,

Quick question.
When vacating a rental, the landlord gives 60 days to vacate the premises, what happens if the tenant can't find a place by the end of 60 days but still happy to keep paying rent.

Can they be forced to move out literally onto the street or not?

The RE agent has threatened to apply to VCAT to seek an order for possession "because there will be works starting" on a certain date... so I need to move out.

What are my options here? I am actively trying to find a place to rent.

Cheers

 

@coca-cola : Probably not the right forum to be asking landlords lurking around here about this...

but 60 days is quite sufficient to find another rental.

No point trying to be difficult and staying on, especially if its the end of your lease. Perhaps with the apartment glut going in melbourne you could snag yourself a cheaper /nicer rental?

 

If you are still occupying the property when the notice expires, the RE agent will probably apply for an eviction notice. You will be notified of the hearing date and can appear at the tribunal to plead your case.

You will probably be given formal notice to quit by a certain date which is legally enforceable if you refuse. The RE agent will then turn up with a bailiff and locksmith, your possessions will be piled up in the street and the locks changed.

I would imagine that an actual eviction would be a very unpleasant experience.
Marg

 

If you've been given notice you should comply with it.

What reasons have you been knocked back on the ones you've looked at so far?

 

Realistically a tenant that is paying rent could extensively drag out the time they are legally allowed to stay in the premises, because of procedural delays in getting the matter heard in tribunal.

Then depending on the hardship on the landlord in delaying termination, the actual order could also be for some further time.

I remember some of my private landlord matters being dragged out for 6 to 9 months, and then even a rather unique public housing matter than took 2 and a half years.

 

I am happy to move out asap, just been buried with work and haven't had much luck finding a place. I am applying in full force currently so fingers crossed something will turn up.

I am wondering if they apply to VCAT, how long does it take for VCAT to process the eviction order? They want me out this Friday and I would literally need find a temporary storage for my furniture and either stay with family in another distant suburb or hire a hotel until I find accommodation.

So if the VCAT order will take a few days then I may just have enough time to get myself sorted with a new rental.

Cheers

 

Some of the Victorian PMs would have a better idea, but I imagine it would be 2 to 3 weeks to first hearing date, which is probably just procedural, and then adjournment to a hearing something like 3 to 12 weeks after that?

What's important though is why the landlord needs you out by a certain date. Do you know what it is and when?

 

Just remember that the new places you apply for will be asking your current landlord or agency for a reference

 

Good point, but funnily enough in this situation, its in the current landlord's interest to give a good reference.

 

I have to say, unless there is a specific reason that the landlord needs a property back by a certain date, I'm not too sympathetic for a landlord in these situations. If the rent's being paid, and there's no other serious breaches of the agreement, then one tenant's rent payment is as good as another I would have thought.

Tribunals take the same view when balancing relative hardship to landlord and tenants on an "overstay" scenario too.

Sometimes it genuinely takes longer than expected to find a new place to live.

 

I just literally need an extra week or two maximum.
They need me out because they are "doing renovations" as this place is really run down now and from many leaks to other building problems, they really need to fix it up.

I have two of my own investment properties so giving reference is the least of my worries, my main concern is the impact this move will have on my work productivity as i run my own business and work 7 days a week. So this move is the last thing I need currently but I admit I should have tried harder to find a new rental. Worst comes to worst, I can ask my neighbours to hold onto my furniture, while I reside in one of my city apartments in between airbnb bookings where the apartment is free.

I can always just say I have been living in my own place or lived with family and now want to rent, so the reference bit is not a problem.

 

I have emailed the agent my requirements and he hasn't been helpful. Just emailed me about VCAT and asking to vacate by Friday.

I have explained I need until next week.

I am sure i will find something, I just haven't been active enough looking due to work overload. It's my own fault.

 

I'd probably talk to your landlord/PM and work something out. They should know that's its literally impossible to get you out without your consent before a first tribunal date anyway.

Maybe get some assurances that they will give a decent reference too, since it helps both parties out (not asking them to lie though).

 

They are doing renovations, so unless their "renovations" mean bulldozing the entire place then they can wait until I find something. They also want to start on Friday, I could seriously use the Saturday and Sunday to get myself out of here.

if the whole VCAT will take weeks to process, then the joke is on them because they should just work with me to move rather than threaten with VCAT which will take longer. I want to move anyway.

 

Yep I will ring him tomorrow and have a heart to heart chat.
I have rented here since 2012 and never been a problem or missed a single payment. I think I deserve some respect in all of this.

Thank you for being really helpful. As long as myself and my cat don't end up on the street on Friday I am fine haha

 

PS I had tenants who were not paying me rent for two months and I could not evict them... LOL They eventually moved on at their own free will and all I could do is take their bond. VCAT was as useful as a bike to a fish here.

 

Yep will speak to them tomorrow and explain it all in black and white. Thank you.