Renters rights at the end of lease

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

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  1. Angel

    Angel Well-Known Member

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    When I first read this yesterday morning, I saw a tenant, any tenant, who couldn't get his act together long enough to locate a few places to apply for. He clearly states in his OP that the property is about to be renovated so I assumed the landlord has tradies lined up to get the work done. With 60 days notice to vacate, it makes sense that the LL had 60 days with which to arrange trades and services.

    Now I read that the OP is a LL himself so he should know the deal, and has mentioned another situation when he was owed unpaid rent. I see a personal issue here and a bit of emotional baggage . Can I say revenge? If so, then very immature from the tenant's side.

    I've had a tenant ask to stay a few weeks longer and as there was nobody else pre-arranged to move in the next day and no trades lined up, then sure, not a problem. But if I have a reason to require vacation on the notice date, then surely a contract is a contract.

    Grow up Tenant.
     
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  2. Stoffo

    Stoffo Well-Known Member

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    Vin seems to know a lot about the landlords plans, so clearly the landlord had been on the phone and "communicating" (to the PM or tenant early on).
    What is disappointing is that Vin has left it to the last 10% of his 60 days to even think of acting (but isnt this the same guy who recently bought 2 OTP and was struggling to settle ??? )
    I'd have allowed up to a week as a buffer between vacancy date and trades starting too.
    Maybe Vin should have spent less time here and more time on applications :rolleyes:

    Good luck Vin, l do hope you manage to fix this situation without being dragged through the tribunal :)
     
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  3. Zoolander

    Zoolander Well-Known Member

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    Had a tenant who wanted to stay on for 6 extra months past her end of lease termination. They went to NCAT and that gave her an extra 3 months from a mediation booked 4 weeks ahead and a hearing booked 6 weeks after that. Then was a no show at the hearing and vacated on her own accord

    They gamed the system real good that time. Maybe.... Something to consider in truly desperate times.
     
  4. dabbler

    dabbler Well-Known Member

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    Classic, yeah, the one who gets lawyers involved when others are not doing what he wants, I remember that one, and the AirBNB etc
     
  5. dabbler

    dabbler Well-Known Member

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    Depends on situation, but these people sure ain't going to get great references.
     
  6. dmb1978

    dmb1978 Well-Known Member

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    I can't see what the issue is here. Surely a temporary move into your airbnb apartment would be the solution and store your property at friends/neighbours.

    If the motivation to get your own rental in the last 60 days hasn't been strong enough, then the loss of airbnb income might help.

    Well done on working hard on your business but please don't make it the landlords problem when you clearly have places to go and the smarts to achieve it.
     
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  7. dabbler

    dabbler Well-Known Member

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    That is true, but why not ignore all contracts and rules then ?

    Why can't a vendor be kind when I do not want to settle, or can't on time, why hit me with lot's of fees and threats.

    Nothing to do with kindness IMO - in fact I think they have irritated those that can help it seems, I read it that the person could not be bothered taking the notice seriously, I bet that is why the PM is cracking it too, it reads as...what are my rights ? someone else got away with it on me, maybe I should do the same to this LL even though they followed the rules.

    60 days is heaps of time, I have had to move many times when I did not want to, as well as friends of mine, in 30 days and far less. I think 60 days is excessive myself.

    You cannot say a owner has different motivations, there are many reasons for all people to move.
     
  8. Simon Hampel

    Simon Hampel Founder Staff Member

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    You seem to be assuming that he is the owner of a large successful business with a lot of staff?

    It may well be that he is the operator of a small and struggling business and is just trying to make ends meet and is working around the clock because he doesn't have the staff to delegate to.

    I currently wear every hat in my business - that includes answering the phones - my business is not large enough to have a CEO.

    But either way - it does seem like the OP has plenty of options and could certainly put his furniture in storage (or leave it with a neighbour if they are willing) and move into his AirBNB temporarily until he can find somewhere to live.

    I don't think there is exactly a case of hardship here.

    That being said - this is absolutely a case where people should be communicating and working towards a mutually agreeable outcome - if the tenant wanted to play hardball, they could play lots of games and drag this out for a lot longer without any real recourse from the landlord, so it is within the landlord's best interest to try and achieve a better outcome than the worst case scenario (it taking literally months to evict the tenant).

    But it's also in the tenant's best interest to sort this out sooner rather than later - if he really is that busy then showing up to tribunal hearings and fighting it is time that could be better spent looking for somewhere to live so he can get back to being productive.
     
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  9. kierank

    kierank Well-Known Member

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    Nope. The OP said they own a business. My definition of a business includes the employment of at least one staff member. If one owns a business and you are the only employee, then that is not a business. That is a job; if anyone thinks it is a business, try selling it. It is worth nothing or close to it.

    This is may be true or not true. But, for me, it has nothing to do with their predicament. They were given 60 days to vacate and they did nothing about it. If I was asked to leave my current accommodation, I would find something in 60 minutes. I would not need 60 days.

    I find it interesting that the OP has had time to post on PC but not find alternative accommodation. As I stated earlier, it looks to me that they are having issues with setting priorities. If their business is small and struggling, then that may be one reason why.

    Every business has a CEO or has someone who takes on that role. They may not wear the title but someone has to take on that role.

    Totally agree. I feel the "small and struggling" landlord and the "small and struggling" tradies will suffer more hardship than the OP, through no fault of their own. The OP has lots of options; the landlord and tradies are limited in what they can do.

    Totally agree. If the OP is too busy to find alternative accommodation, good luck to their business if they are dragged into the legal system.

    I am a great believer in karma - it would be interesting to know how the OP would react if one of their tenants or one of their business customers did a similar thing to them. Watch out, it could be coming their way.
     
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  10. kierank

    kierank Well-Known Member

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    That sound like an admission of guilt, not an admission of hardship.

    IMHO, people can’t demand respect nor can they say they deserve respect.

    One has to earn respect and it is a two-way street.

    Simple example: compare how much respect Roger Federer has earned vs how much Nick Kyrgios has earned. Unfortunately, while Nick struts around demanding it or telling us he deserves it, he won’t get much.

    Sounds like you have a lot of respect for VCAT and the legal system.

    Sounds like you have a lot of respect for the landlord/PM.

    So, being dishonest/lying is OK? If that an attribute you encourage in your staff in your business? If employees see that a certain behaviour is acceptable to a business owner/senior management, then they believe it is acceptable for them to mimic that behaviour.
     
  11. Simon Hampel

    Simon Hampel Founder Staff Member

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    LOL - you should see the offers I get for this website and I am the only employee :p

    Again - you're working on the assumption that this is a large company with lots of staff.

    I look at the cafe down the street where I get my lunch - there is one guy who owns and runs the store (he works 7 days a week) and he has several casual staff members who help out during busy periods.

    By anyone's measure, this guy runs a business. Yes, it is a very small business and is not going to pay much more than a job would, but it is still a business and it has value in its repeat loyal customers like myself (who continue to buy there every week with this now the third owner of that business since I started getting my lunch there).

    A CEO has a very specific function and I don't know too many small businesses with no or few employees who actually have a CEO in the true sense of the term. A managing director is not the same as a CEO, nor is a founder who starts a business.
     
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  12. Stoffo

    Stoffo Well-Known Member

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    Here is some reading for Vin, )he has been quiet, so will assume busy looking/moving)
    https://www.propertychat.com.au/community/posts/96181/
    Should he find himself listed, it can last for 3years
    Good luck writting your own reference then :p

    There has been some good points raised here.
    In some instances l can see people would need extra time or have hardship circumstances.
    Not all people do, and "using" the system is wrong
     
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  13. wylie

    wylie Moderator Staff Member

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    This thread is really interesting. Through our whole investing career, as owners, we mostly had no issues like this.

    What I would say though is that if we had a floor sander or builder lined up, that would cause a huge problem. Floor sanders cannot just fit you in "next week" and a builder will likely have his jobs lined up and changing your time slot is not able to be done.

    So, floor sanders and builders are the tricky ones in my experience. Plumbers, electricians are usually able to swap jobs around more easily.

    So, I'd be checking exactly what and who you are holding up if you stay on. If it is indeed going to stuff up plans made 60 days ago by the owner, then I'd store your stuff and do the right thing.

    If the owner doesn't have a tradie booked for next week, he may happily allow you another week. You need to look at how this looks to him. You've had 60 days and three days out, you haven't found anything. Why would he think another week will see you gone? I'm sure you can understand he will be thinking you don't plan on leaving until you are good and ready. Can he risk re-booking the tradie?

    Honestly, if they won't allow you to stay and pay an extra week, I'd work on Plan B and avoid any further hassle.
     
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  14. neK

    neK Well-Known Member

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    All I am going say is - how would you feel if the shoe was on the other foot?

    In life there are always people who are happy to dish it, but never happy to take it. Bad form really.

    Do i feel sorry for you? With what you've said so far of your story - no.
    Do I have a solution? Yes and its already been mentioned.

    1. Put your stuff in storage (Pods might be a good option for you Home - PODS® Moving & Self Storage)
    2. Go airbnb a room / live with friends for 2 weeks.

    You made a mistake, you live with the consequences. You don't make your problem someone elses.

    We can stop the cycle of "he did it to me, so its only fair i'm allowed to do it to the next guy", but only if you choose to.
     
  15. Anthony Brew

    Anthony Brew Well-Known Member

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    Ok you were being serious. That is ridiculous then.

    The law is there to protect people who have actual hardship. Being too selfish and self centred and inconsiderate of the effect your actions has on others because you did no set aside 15 minutes a few times to search online for somewhere to move to does not constitute hardship.

    Defending him citing hardship saying he is the victim when he is clearly had no hardship is not different to defending someone saying
    "He was working so hard to support the wife he loves and adored that he he collapsed from exhaustion - onto his secretary - they just happened to be naked at the time. His the real victim here!"

    The OP doesn't sound like he intentionally is an evil person, but unless people point out that his actions have adverse affects on the lives others, he will continue to never give a crap about anyone else.
    But saying he is a victim of hardship is ridiculous.

    Also this has nothing whatsoever to do with me ever having tenant problems. It is a matter of being a decent human being and treating other people with decency instead of taking advantage of them when they have done nothing wrong.
     
    Last edited by a moderator: 21st Mar, 2017
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  16. D.T.

    D.T. Specialist Property Manager Business Member

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    All the property managers, mortgage brokers, financial planners, accountants and lawyers who could sell their client books for millions would like a word with you.
    Very much this. Having no regard for other people is the issue here.
     
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  17. wylie

    wylie Moderator Staff Member

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    It is possible the agent is pushing for him to move on the correct date and threatening tribunal as a matter of course, as the agent must be seen to have issued all notices in the correct order with correct lead times.

    The fact could be that the owner doesn't mind if the tenant stays an extra week, as long as the notices are issued appropriately to allow them to go to tribunal if it comes to that. The owner may well be concerned this will go to tribunal.

    It could be that nothing is booked to start for the next week anyway, and even if it is booked, if the tenant refuses to move out, then the agent must follow the lawful procedure and it will be more than a week before legally the tenant is forced to move.

    Of course, the tenant risks a bad reference.

    But, really, this could simply be the agent doing his job, with an owner who really doesn't mind if it takes another week... or that might not be the case at all.

    Of course, if the tenant keeps communicating with the agent, and the owner does have tradies booked for next week, then the right thing to do is to move to Plan B and vacate on the agreed to date.
     
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  18. Angel

    Angel Well-Known Member

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    All in agreement, say "aye".

    Can we put this to bed yet or are we waiting with baited breath for the next instalment in the saga?
     
  19. Simon Hampel

    Simon Hampel Founder Staff Member

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    Admit it - half of you just want to see an "Operation Repo" style reality show where delinquent tenants are evicted :rolleyes:

    Not enough public hangings these days to keep the masses entertained :p

    Now, where did Dazz park his forklift? :eek:
     
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  20. dabbler

    dabbler Well-Known Member

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    Nope, no hanging, no bashing & indeed no thread required, just do the right thing, move your a** out when your supposed too & do not try and weasel your way out of basic responsibilities (as someone else said, trying to make your problem/s someone else s).

    One day he may try this stunt on the wrong persons and get exactly that style of eviction, I have known people thinking they were smarter and the law was on side with them, they got a rude shock.

    Hopefully he finds a place, plenty of good suggestions through the thread, fair enough to point out what LL do not like and the better available options.
     
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