Tenants are moving earlier than specified on notice.

Discussion in 'Property Management' started by Tomodachi, 8th Sep, 2018.

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  1. Tomodachi

    Tomodachi Well-Known Member

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    Hi there

    I would really appreciate any input from you guys.

    I have tenants at my property on periodic lease. I need to get family member a place to stay so the agents give them a notice to vacate on the end of September. When I receive the rent statement, the tenants only paid til the 10th and it said on the agents receipt they will move out then(about 3 weeks earlier)

    I read consumer affairs and it states that the tenants can move out earlier if they give us a 14 days notice. We received no such notice. I've booked a renovation team end of September which means I'm out of pocket 3 weeks...

    What's the legal ground here? Should the tenants be staying until the date specified on the notice to vacate?

    Thanks for your input.
     
  2. Ricki barkham

    Ricki barkham Well-Known Member

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    How.much money have.you lost by them.movig.out earlier?

    Could argue.it amd put a.claim in get.your.isurance.to pay the difference but is.it.really worth it.over.a.few hundred. Dollars.
     
  3. Tomodachi

    Tomodachi Well-Known Member

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    Thanks for replying.
    No it isn't a lot of loss, about 1400. I'm just wondering though if the tenants is in the wrong. It's very frustrating to organize trades again.
    I won't go through insurance, the bond will cover it if there's a ground for me.
     
  4. mikey7

    mikey7 Well-Known Member

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    Can you get the Reno team in earlier?

    The upside is that they are actually out, and not dragging their feet 3 weeks longer than wanted..
     
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  5. Tomodachi

    Tomodachi Well-Known Member

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    Haha that's true, it could be much worse
     
  6. bob shovel

    bob shovel Well-Known Member

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    What state?
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Surprise.
     
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  8. Ricki barkham

    Ricki barkham Well-Known Member

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    With them out early can the contractor start earlier and family can move in faster.
    Is family move in faster and pay some rent so your not out of pocket so much
     
  9. Ted Varrick

    Ted Varrick Well-Known Member

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    What did the agents say when you queried the discrepancy?
     
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  10. Tomodachi

    Tomodachi Well-Known Member

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    It's in vic
     
  11. Lil Skater

    Lil Skater Well-Known Member

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    The agent may have received notice and not told you. Tenant can legally leave with 14 days notice, I'd be asking the agent what happened and asking them to reimburse 14 days rent if they stuffed up so you couldn't move things forward.
     
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  12. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Double check this. If they didn't give the two weeks notice, I believe you are well within your rights to charge rent for two weeks from notice being given. As the fairest option, I would personally adopt the day that your PM was advised of an early vacate as the official notice being given, even if it's not technically on the correct form.
     
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  13. Ricki barkham

    Ricki barkham Well-Known Member

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    Any update?
     
  14. Tomodachi

    Tomodachi Well-Known Member

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    Hello

    I talked to the agency and the best they could do was "well at least they move and didn't challenge the notice or worse"
    I just changed my trades booking, it was better than dealing with the agency.
     
  15. Ricki barkham

    Ricki barkham Well-Known Member

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    In other words the agent couldn't care anymore cos there not making any money from you
     
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  16. Big Aussie

    Big Aussie Active Member

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    You asked them to leave, and they left. I'd call that a win.
     
  17. marmot

    marmot Well-Known Member

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    Since you kicked out your tenants to make way for some members of your family, why dont you just tell them to move in earlier and they can help out, since you are doing them a favor