Two people on lease - one gives notice to vacate . Other in jail!

Hi guys

It’s been a while since I’ve been on this forum... then I realised how much I’ve missed out on. Anyway I browsed for an hour off topic
But I need help.

I’m in nsw. My property manager advises me that the tenant wife has given notice to vacate on the 12th feb. 21 days notice. Vacate date was on Saturday 2nd March.

I hadn’t heard from my Pm so I called her and she said only the wife gave notice and returned the keys. She is supposedly in Melbourne now. the husband who is also on the lease hasn’t returned the keys. (Or technically given notice). After fuming st her today.. she calls me back just then and says she just found out the husband is in jail so she is going to get the spare keys w the husbands sister in law and look at the property.

They are also two weeks in arrears (this is the 15th day in arrears)

I have a few questions which my Pm only couldn’t respond with we will go to tribunal.

Does the husband have to also give notice

Are THEY still liable to pay rent? As I only got one set of keys back

He is in jail. What if he has left things behind. Good god

Property manager says she doesn’t need any police report or confirmation to confirm he is in jail and that his sister in law can act as a witness.

When can I take back my property. After the bond tribunal process etc etc?

Any thoughts/input would be appreciated.


Thanks

 

This.
Your PM should be able to answer all these questions. Are they onsite?

 

I have checked the rules
"Once in jail, you are in for a maximum of three turns. Each turn, you have the option to Pay $50 to immediately get out of Jail (and move to the Just Visiting part of the square) or roll the dice."
He can only stay in jail for three turns
When he gets out of jail you can sort it all out

 

And hope to get doubles!

 

Jail can be good. Stay in Jail as long as you can if an opponent owns a monopoly – at that point in the game, moving around the board will likely lose you money. Until that happens, though, pay the $50 and leave Jail as soon as possible: you need to be in the property acquisition race and collecting your $200 salary.

 

and after the last couple of answers I expect the OP will never return looking for more sensible information ...

 

(expand above for comments in red)

I come across these cases every now and then, there's a few ways to go about it. The best option is to get some sort of written notice from the jailed party, or anyone with his power of attorney, that he agrees to terminate the lease.

It sounds like you also need a new PM. This one isn't on the ball AND doesn't know what to do.

 

People have changed but u gotta find the humour in these situations hey...

Thanks everyone

 

Thank you so much. I appreciate your response. This is what I suspected as well except for the jail bit... that is good information to know for next time good god!!! And I will be finding a new property manager. My rookie mistake was to not get insurance on this property.

 

I'm wondering why you want notice from the one in jail?

 

Depending on the state, I'm pretty sure there are provisions which say that any one co-tenant that gives notice to vacate actually binds the other co-tenants as well (from the LL point of view anyway). Maybe look for that.

Secondly, if the tenant is serving a term of imprisonment (as opposed to just being in lockup or on short remand in custody), then I would have thought its a pretty strong argument to say they have vacated the premises - I wouldn't have thought a full termination process was required on top of that. That's how I've always advised in WA, and I suspect its probably the same in other states.

 

The jail bit probably wouldnt be relevant here - property would pass the abandonment test. So then could follow the abandon process - ie take possession, dispose junk (store if value over threshold), clean/repair property, claim bond/insurance etc.

 

I’m fairly certain we had a tenant go to goal a few years ago , but they knew it was coming and I seem to recall they paid rent for a year in advance .....

 

Accepting proceeds of crime eh?

 

Shuush ....

Anyway , it was in Tassie , so no one would have been any the wiser

Cliff

 

I'm not sure if NSW differs on the specifics, but I've received very clear advice from a number of sources here that a jailed tenant does NOT constitute an abandonment.

Technically tenants can vacate with the correct notice without forcing the other tenants to leave. However, I think in this case you could get away with reasonably assuming that the notice to vacate was intended to be offered on behalf of both tenants, especially if all his belongings are out of the house at the inspection.

 

Jail or a police station or held before bail can be arranged and then he comes home in a few days to find no access, no former partner and she took all their possessions except his clothes and loads of rubbish.....you have assumed he has left / abandoned. And she just used that to do a runner and escape his violence ?? He may well be less than impressed and seek tribunal orders against the owner.

I would be seeking legal advice before jumping to conclusions.

Name isnt Mahajer ?

Maybe cops can confirm ? But with privacy these days how do you confirm it ??

 

Not in NSW under the Domestic Violence provisions.

 

Thanks for all your feedback.

Update - so my agent inspected the property one day.. not on vacate date but a few days later.. & of course my unit was in horrible condition....
My agent will be claiming outstanding rent on the bond but she says there’s a shortfall on the cleaning and door replacemenr and rubbish removal which she Arranged to be fixed up. So she is chasing that from the tenant.
Does this get deducted from my final bond?
I honestly feel that they haven’t done a good job in the first place and the property sure as hell didn’t come back the way I gave it to them. To make matters a bit worse (for me) I didn’t have landlord insurance on this one!! Ugh
I have changed management now and guess wht! My unit was broken into!!! I assume from the guy who was in jail!!!