Renters rights at the end of lease

Discussion in 'Property Management' started by VinMariani, 20th Mar, 2017.

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  1. Stoffo

    Stoffo Well-Known Member

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    Ha Ha Ha
    Sorry, but seriously !
    60 days notice and you've been too busy working o_O
    You own properties, yet you didnt take the notice seriously:eek:
    Wake the f*#@ up :confused: START PACKING

    *As your landlord l will be taking civil action against you (as i now know you have assets) for every lost day of renovations and in turn lost future income as well as the inconveniance:p
    Scheduling trades months in advance to reno quickly and effectively, so i will just call them all and say " just wait a few weeks hey":rolleyes:
    Yep, you've stuffed my reno by months buddy :mad:
    (see you sat, l will be the guy out front in the bulldozer that "accidentally" runs thru my property ;) )
     
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  2. thatbum

    thatbum Well-Known Member

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    Ugh. I can appreciate its annoying for a landlord but your over the top bluster isn't realistic or helpful.

    Your 'civil action' would fail even the first legal test since its not a breach of contract or any legislation for a tenant to stay past a vacate notice. In fact its a legal right for any tenant to wait for a tribunal hearing and subsequent order.

    If you were really concerned about timing renovations, I would suggest that you need to work with a tenant rather than putting them offside, since if they want to be difficult, they have the legal power to do so.
     
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  3. Stoffo

    Stoffo Well-Known Member

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    True, but after Vin has posted in a public forum that he has been too lazy to REALLY find another (cheap) place to live, and intends to deliberately stuff the landlord around by going to the tribunal (because he thinks he is hard done by!) even after his 60 days notice, with only a few days left he wants to "negotiate" longer........:confused:

    Am sure the tribunal need a laugh :D
    (The poor landlord)
     
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  4. Anthony Brew

    Anthony Brew Well-Known Member

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    Lol how do you work with the tenant if you have already given 60 days notice??
     
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  5. thatbum

    thatbum Well-Known Member

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    I would start with picking up the phone and dialing their number.
     
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  6. kierank

    kierank Well-Known Member

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    Can't find a place to rent in 60 days. The vacancy rate in that area must be 0.00000000000%.

    Quick - tell me the suburb. With that sort of rate, might be time to buy another IP :) :).
     
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  7. dabbler

    dabbler Well-Known Member

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    You option is too leave as requested, or be thrown out at your own cost.

    If people can sell and move into new homes in 30 days (or far less many times), you can easily do it in 60, you seem to think you have skin in the game, your paying rent, not a partnership lic agreement !
     
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  8. dabbler

    dabbler Well-Known Member

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    Exactly, can't use the words that come to mind here, bet if they wanted to go during lease it would be a different tune.
     
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  9. wylie

    wylie Moderator Staff Member

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    Regardless of the rights or wrongs here, if it appears that come Saturday you are possibly going to be hit up for some loss, I'd move anywhere rather than open that can of worms.

    If the agent and/or landlord know you only need another week, and haven't actually got a tradie lined up, they may allow you to stay that little extra. After all, it will take them at least that long to get you to Vcat.

    But if you do cause them some loss, then they could push for you to cover that loss, and I'd not risk that. This is just my opinion, not advice.
     
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  10. Simon Hampel

    Simon Hampel Founder Staff Member

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    Sheesh - some of you need to chill out a bit and stop with the bluster.

    Yes, the OP should have been putting more effort in to finding a new place - but as a tenant myself I know what the challenges can be in doing so and it is a very stressful time when you have been given notice to vacate - especially if you are already working 7 days a week and even more so if you have family commitments too.

    At the end of the day, bluster isn't going to achieve what you want and these are real human beings you are dealing with - not cattle. You should really try engaging with them rather than resorting immediately to threats.

    This kind of attitude is what gives landlords a bad name.

    Yes, the OP should be moving out by the termination date and he should have engaged with the landlord earlier if he was going to have difficulty doing so - but provided that he has otherwise done everything required by the terms of the lease, he should be treated with respect and the goal should be a mutually agreeable resolution.

    Thanks @thatbum for being the voice of reason here.
     
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  11. dabbler

    dabbler Well-Known Member

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    renter or owner, does not matter.

    IMO it does not make landlords name bad, and there is a sub message I got from the post of not wanting to comply with legal and reasonable request, could be wrong, but that is how it reads.

    60 days is by and far a heap of time to move, plenty of owners have to do it in shorter time frame as well as buying another place, and working etc, so I fail to see why renters should be wrapped in cotton wool, the notice periods are very generous, too generous I believe in fact.

    Maybe the frustration is if people are seen to be gaming the system or thumbing the nose at you, and plenty of tenants do, the ones that stick to the rules and contract are never a problem & that applies to owners and LL as well.

    Frankly I think stoffo may be going a bit soft.. ba ha ha ha :p
     
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  12. geoffw

    geoffw Moderator Staff Member

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    Can you move your stuff into storage and move into a shared house Airbnb for a few weeks? It will cost more than staying on but it will involve less time perhaps than going to tribunal and getting evicted.

    It would also keep your rental record intact.
     
  13. Xenia

    Xenia Well-Known Member

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    Yes they can apply to get order for vacant possession on grounds of - end of lease.
     
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  14. kierank

    kierank Well-Known Member

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    @VinMariani has their own business. One would have thought they would understand the art of setting priorities. For most people, putting a roof over one's head is a very high priority.

    Also, owning their own business, one would have thought they would understand the art of delegation. When I owned businesses, I told my staff that "they should being doing those things that only they can do". Everything else should be delegated. For example,it doesn't make sense for the CEO to answer the phone.

    To me, from what has happened here, either @VinMariani has some shortcomings with setting priorities or with delegation.

    This is not bluster. This is serious, both for their business and their private life.

    Blaming their landlord is not going to fix this.

    I feel @VinMariani is giving tenants a bad name.

    Is it OK for them to work 7 days/week making money when, by their actions, they are stuffing up the reno plans of their landlord and expecting the landlord to delay their reno, with the possibility of the landlord incurring higher reno costs and/or missing out on rental income because the reno is delayed or now takes longer.

    Is it OK for @VinMariani to work 7 days/week making money when, by their actions, they are stuffing up the income stream of the tradies who were lined up to do the reno. By delaying the reno, do these tradies have another job they can slot into. If they do, will they be available in one to two weeks to come back to this job.

    I would imagine the landlord and the tradies have partners and children - by their action, @VinMariani Is impacting the lives of all these people.

    I am not a lawyer like @thatbum but I am not focused on the legal aspects.

    But, as a human being, I feel their actions are bordering on being immature, irresponsible, selfish and self-centred. I don't say this to be antagonist; I say this with @VinMariani's best interest at heart.

    Rant over. I'll go and grab an ice block and chill out.
     
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  15. thatbum

    thatbum Well-Known Member

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    Jeez some people are talking here like the OP is a kitten murderer or something equally heinous.

    Get some perspective here. Its a tenant that is staying past a vacate date for a few weeks. Which is 100% legal, as I mentioned earlier. The rent is still being paid.

    Sure it *might* impact on some plans of the landlords, but that is a bit *might* in the absence of any actual information about the landlord's specific plans (and why they couldn't wait a bit longer).

    Contrast this to the actual hardship that a tenant suffers if being turfed on the street in strict compliance with the vacate date, and the balance should be clear for all to see. And if it isn't, I'm sure a tribunal member will enlighten you if you want to waste your time and money to go there without trying to deal with the tenant first.

    If you're the type of landlord who can't handle a situation like this without blowing your lid, then you're in the wrong investment game - because you're likely to face rockier situations than these.
     
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  16. WattleIdo

    WattleIdo midas touch

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    60 days isn't much time at all when you're trying to live your own life. Comparisons to home owners moving themselves around from house to house are irrelevant because the motivation is completely different.
    Actualluy the tenant might be more motivated to move if the moving costs were paid for - perhaps he can bring this up at tribunal.
    I did something similar a while back just after my mother died. My very old cat was also dying and I would not move until that situation resolved itself. I kept paying rent and bought my time. I'd been there 9 years. In the end, it was good for me to go to the tribunal. The judge told me to buy my own place, so I did.
    It will take longer than a week or two to find something and move out. Do it but make sure you keep paying the rent until you go.
    If the tables were ever turned on some of these landlords, you can bet your bottom dollar that they'd be fighting tooth and nail for every day / every cent they could get out of the situation as tenants. Just a type.
     
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  17. WattleIdo

    WattleIdo midas touch

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    I'm sure there are plenty who agree that landlords are not the centre of the universe.
    What's the point of anything if you can't be kind when the need arises? What a miserable world it would be without kindness.
     
    Last edited: 21st Mar, 2017
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  18. Anthony Brew

    Anthony Brew Well-Known Member

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    Deleted my previous post because I did not realise @thatbum was taking the mikey lol

    Citing hardship about a person who couldn't make 15 minutes looking on the net for a new place to avoid inconveniencing another person. Now I can see why your definition of hardship is so hilariously absurd that it sounds exactly like something Lionel Hutz from the Simmons would say - because you were taking the mikey the whole time - I just noticed your avatar is Lionel Hutz!

    Well done @thatbum. I thought you were being serious the whole time. So much egg on my face. Like cartons of it. Lol.
     
  19. thatbum

    thatbum Well-Known Member

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    You seem new around here, and possibly to tenancy issues in general, so I'll give you the benefit of the doubt.

    I was being completely serious. I am a practising lawyer with extensive experience in residential tenancy matters.

    So when I "cite hardship" I'm referencing the exact test that the tribunal and the law uses to decide when to terminate a tenancy and how much longer to give a tenant to stay.
     
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  20. dabbler

    dabbler Well-Known Member

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    Oh....the person is not a cat killer ?

    Oh, ok then, do as you please :)

    I think it is odd not to take seriously the correctly served notices.

    I do think this whole scenarios hit a nerve, of the PM, and many here, for good reason, the thinking is to try and skate around the right thing to do. That is how it comes off.
     
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