Tenant not signing lease renewal

To be hones

Ohhh! Absolutely i totally forgot abt that. I may finalize a fixed short term lease in the same area with a landlord directly today.. if it is done i will move but not before advising the agency i now know my rights and they would not be able just to play people and play the law

 

Hang on, I'm confused. Are you saying you are going to leave early (before you legally have to) after all?

And you still want to say to them that you know your rights and aren't able to be cowed by their threats?

Aren't you sending mixed messages?

 

Am looking at options that is it. I mean if i finalized another lease will leave by May 3rd the date of my current lease without getting into a battle

Am trying to find options for me and the family and reduce the stress of the whole matter. I have kids at school we worl fulltime, stress is already there so a battle with an agent who plays unfair is not really something that i need. In all cases , i know now that they can't put me on streets since am.on the right side here.

 

Staying woild be the least stressful. Why should you have to move.

All you have to do is write to the agency and state that they did not provide notice of termination on the prescribed form more than 28 days prior to the end of the lease on 3 May.

As such, under the law, you will not be vacating on 3 may and will continuing on a periodic lease until such time as either party provides the appropriate notice to terminate as required under the residential tenancy act.

On a periodic lease, that notice is 90 days. Given you have a valid lease you should be within your rights to ask them to remove the advertisement.

They cant make you leave and they cant intimidate you. If they continue report them to reisa.

 

Just stay... they cant do any thing with out going to tribunal and the law is on your side.

 

You are absolutely right! You know they even listed the property on Domain! Am stunned by their actions!

 

If you haven't emailed them to let them know that you won't be moving (setting out why - as advised many times above) then they will think you are leaving on 4 May and naturally they will have advertised the property!

 

I emailed them that I was advised that am already on a periodical lease since they failed the 28 days notice and I have the right to get 90 days notice if they want me out, and extending the lease to May 7th is not the best reply here!

They replied back on April 12th by a vacating notice and the final inspection sheet and saying since i declined the landlord offer to renew, vacate by May7th and do not cut electricity!

 

You have a right to peaceful enjoyment of the property. Lodge a hearing with sacat to have this enforced.

Its an easy process and your right to stay in the property will be tested legally.. not by intimidation .

 

I would just forward your email to them again and point out that you have noticed the advertisement and that you want to remind them that you won't be vacating on 7 May because they haven't given you the correct notice to end a periodic lease.

 

Right!! Thank you so so much for all thr advise you are giving me! Am really grateful

 

I will do that..thank u so much

 

What she is doing is giving you 28 days notice by extending the lease end date to 7 May. Problem is thats not how the law works.

I have two issues with this.

Either she is well aware of the law and is trying to circumvent it, or she is operating without knowledge of the residential tenancy act. I would be copying this to reisa and ask them if this is professional misconduct.

 

See why i am intimidated and mistrusting them how they are handling the matter! The dates were as follows:

March 7th- lease extension offer from May 3rd to December 7th

March 27th- I replied (after spoken face to face with PM and she was ok) requesting a periodical lease due to moving interstate

March 28th- They replied saying we will ask the landlord

April 8th- they replied landlord declined and I have to sign or vacate by May 3rd, giving me to April 10th to advise them

April 12th- replied that I have not responded back and will give me notice from april 10th to vacate by May 7th.

April 12th- they sent vacating notice and sheet

I know they are in trouble with landlord since because she is giving us and them hard times since we signed this lease! She actually joined them in one inspection and i know she is hard to deal with.

 

Reply to the email trail.. my fixed period lease finishes on 3 May. As advised you did not give me notice to terminate within 28 days of that date. As such my lease will become periodical and is then subject to a 90 day notice period.

Is your attempt to change the date to 7 May with the attached notice an attempt to circumvent the law?

And cc in reisa.

 

Your property manager should be following up on the signing of the lease, a lot of tenants do avoid signing leases as it allows them to move with very little notice required (QLD the notice is 2 weeks given by the tenants, whereas the agent is required to give 60 days notice to leave). If they have been there for such a long time it may well be the agent/PM is not chasing up the signed copy.

If the property is water efficient (again this is QLD legislation) the water bills need to be given to the tenants who then have 30days to pay otherwise the breach process starts.

It is not hard to change PM's, it simply is the case of giving the current PM 30 days notice in writing (QLD, if your agreement is on a Form 6), before December 2014 it was 90 days notice. Before you leave your current PM ensure you have a reliable PM that will follow up. Try to avoid agencies with staff high turnover, look for a smaller agency that is portfolio based (a portfolio based agency you will generally deal with the same person). I have worked for an agency where one person was responsible for each aspect of the management eg I would look after repairs & Mtce, then another person would be responsible for arrears etc. This can become very confusing for owners as every time you call you speak to a different person. At our agency we only hire investors as they identify better with owners, they have a better understand of the need of owners and we are also portfolio based therefore one person looks after all aspects of the property.

 

Hi everyone .. it is me again battling the agency..just the update you.. my husband and I decided to leave in peace as found a short term lease with a private landlord who was actually happy to rent the three months requirements..so, we moved and submitted the keys on May 1st to the agency!

Because i was sure that thr exit would not be easy (as i have learned the hard way that Pm were a bit dodgy) i left the house SPOTLESS!! much much cleaner as new more than when i first rented.

Now.. eveything was documented by an email on 1/5 cleanliness, keys, steamed clean..and keys delievry. From 1/5 till 14/5 the agency did not respond to my email or phone calls regarding my bond or the exit report. So, i requested a refund online. The day after, they wrote me an email saying that am liable to repair damages for the toilet bathroom frame as the paint is cracked!! I replied of course that is a wear and tear drom cheap paint and humid . I told them enough is enough with you i tried to leave in good terms but this time i will escalate to the tribunal.

No response yet from them till now, the surprise is that they rented the house already and obviously new tenants are there (am 100m away only) !

I have taken photos..but what are the timeframe for response in SA? I said i will escalate but my bond still shows pending with the RBO? Anyone knows what i should expect ?! I never had a claim on a bond since i rented and of course never escalated to tribunal.

Thanks guys..sorry for the long story

 

My best advice would be to attend the tribunal with your evidence of the way you left the property (photos with dates if possible), also copy of all emails sent to the PM. Not sure on time frame, however in QLD this would be classed as non urgent therefore could take up to 12 weeks for a hearing.

 

Hearings are currently taking about 3 weeks to get here.