Tenant break lease and move out earlier

Discussion in 'Property Management' started by skyfury, 2nd Apr, 2018.

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  1. skyfury

    skyfury Well-Known Member

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    I have tenant break lease and will leave soon. They are bad tenants, not paying rent on time, when serviced “Notice to vacate” letter, payed some rent before postage email arrived, have kept doing this for four months, moreover, they brought unknown dog in house, to damage the door of room and create a few yellow stain on carpet.

    Till now, they owes me around 15 days rent, when they leave two weeks later, they will owe one month rent in total.

    I have a bad feeling that they will not do any clean and repair before they leave, so their one month bond will cover for clean property and some minor damage, hopefully it is enough to cover landlord insurance access fee but I am not confident.

    From contract tenants signed, they need to pay 2 weeks rent for letting fee and 350 dollars advertises fee and pay the remaining rent until new tenant is found when they break lease. They will have one have half months’ rent period left before end of fixed term contract.

    I know they will not pay this based on they have not cleared their rent arrear. Landlord insurance does not cover letting fee and advertisement fee, it covers vacancy period only when there is damage to repair and could not lease again.

    Agent/I will proceed with VCAT anyway, can we ask for compensation about these letting fee, advertisement fee and remaining rent in fixed term contract?
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

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    of course, from the bond.
     
  3. skyfury

    skyfury Well-Known Member

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    Hi, good holiday!
    bond is only one month, not enough.
     
  4. Zepth

    Zepth Well-Known Member

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    Are they leaving because you served them a notice to vacate or of their own choice?
     
  5. skyfury

    skyfury Well-Known Member

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    Serviced a few "Notice to vacate" letter due to rent arrear, this time service 90 days notice to vacate letter.
     
  6. thatbum

    thatbum Well-Known Member

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    Isn't that a notice that you want them out in 14 days?
     
  7. skyfury

    skyfury Well-Known Member

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    Yes, those notice are 14 days notice, but tenants payed some rent during the week of postage, so when postage arrived to them, the rent arrear became less than 14 days, that 14 days notice to vacate became void.
     
  8. Marg4000

    Marg4000 Well-Known Member

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    If you evict the tenants by a “notice to leave”, can you still claim re- letting fees?
    Marg
     
  9. thatbum

    thatbum Well-Known Member

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    Who told you that? Are you sure that's legally how it works? I haven't had a close look at the Victorian legislation yet, but I'd be very surprised if you were correct.

    Its not how it works in WA for example.
     
  10. skyfury

    skyfury Well-Known Member

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    The previous agent told me that.

    The whole point is even though there is VCAT hearing, but if tenant payed all arrear rent before hearing, can agent/agent get possession order? That would be very hard.
     
  11. thatbum

    thatbum Well-Known Member

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    That's not my point at all.

    My point is your tenant might have legally vacated pursuant to your notice to vacate and therefore you can't claim any charges for break lease or anything arising from after the vacate date.
     
  12. skyfury

    skyfury Well-Known Member

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    Let us make this assumption.
    There is good tenant who always pay rent on time and keep premise in a good living condition but one day he has other to move such as changing jobs, he needs to move before fix term contract, then agent charge this good tenant re-letting fee and advertisement fee.

    the other example is there is bad tenant who always pay rent late and damage property, landlord has no choice other than service "Notice to vacate" letter. Are you saying since agent/landlord service notice to vacate letter, tenants do not need to pay reletting fee when they vacate premise earlier than fixed term contract.

    If the logic likes this, why people behave good tenant, just behave bad tenant, law is protecting you!

    This is my concern.
     
  13. skyfury

    skyfury Well-Known Member

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    That sounds not fair.

    I just want to make assumption, for example, I am a tenant, and I have job change so I need to move out before end of fix term contract. There is two options, one is tell agent I am moving out and I am ok to pay re-letting fee and advertise fee, the other option is I choose not to pay rent at all, until I receive "Notice to vacate" letter then I move out, in your logic, if I behave like this, means agent/tenant wants me to vacate, I do not need to pay anything because this is agent/landlord requirement?
     
  14. Trainee

    Trainee Well-Known Member

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    Just get the tenant out, keep pursuing it but assume you wont get anything extra back. Move on.
     
  15. hobartchic

    hobartchic Well-Known Member

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    Investment and business mean risk. They generally do not mean everything being fair. Keep the bond and claim what you can through insurance then either keep the property and know the risks, or sell.
     
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  16. Trainee

    Trainee Well-Known Member

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    Because most people are decent and dont try to game the system. However some will. Most landlords will fix stuff promptly, some play the law.

    If you want a practical reason, tenants need references.

    If you cant handle ths, sell.
     
  17. Marg4000

    Marg4000 Well-Known Member

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    You are letting emotion cloud legal reality.

    The tenant did not break the lease if you issued notice for him to leave. You were the one who terminated the lease.
    Marg
     
  18. D.T.

    D.T. Specialist Property Manager Business Member

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    Works exactly like that in SA.

    Reletting (adjusted for duration) comes from bond, then rent from insurance