What would you do in this rental situation?
By moonchild1au
@moonchild1au (6237)
Australia
October 7, 2009 5:54am CST
Ok here's a good one for all of you mylotters out there...I have just been approved to rent a house starting on Oct 14...my current lease ends on Oct 15...Here in Australia, you are required to give notice to the real estate agent of 14 days to leave the premises - this is legal legislation...also, another bit of legilation also states that the real estate cannot bring prospective tennants through your house unless they have accepted your notice or they have issued you a notice to leave/eviction.
My current real estate agent brought through prospective tennants last week (Oct 1) WITHOUT me giving them notice to leave & vice versa....now this real estate will NOT accept my notice to leave back dated to the day they brought the prospective tennants through the house.
I am taking the lease on the new house & moving & plan on giving my keys back on Oct 15 & expect NOT to pay extra rent which I know that they will try to take out of my bond... I know I have FULL legal rights to fight this & claim it back through the rental tenancy authority (RTA) & my new real estate said that they will back me up 100% as I have legal grounds to stand on....
Now my question to you is, would you just pay 2 rents for a week or would you fight this which will only cost $20 through the small claims court.
2 responses
@rosepedal64 (4188)
• United States
7 Oct 09
Hi moonchild
With what you have said about your real estate bringing in tentants says that they know that you are leaving the premises. I would only pay for the two weeks and if they try to keep your bond then by all means take it to small claims. You have a legit case. For furture, I would write down everytime someone comes to look at your place. Moonchild don't let them run over you. Stand up for what is right. Let me know how it turns out. Have a great day..@moonchild1au (6237)
• Australia
7 Oct 09
I will definately be letting you know how it turns out...I will be paying rent until I hand the keys back which should be next week providing I can get all the cleaning, etc done that you're supposed to do before you hand them back...& if they don't like it, I will see them in court :)
@rosepedal64 (4188)
• United States
7 Oct 09
You go moonchild...That is exactly what I would do too. Good luck and have a great weekk@rosepedal64 (4188)
• United States
8 Jul 10
Thanks moonchild for the BR. I was excited to get and proud in the same sense. I hope things are going well for you. Have a great week and as always remember to smile. ALOT...
@CJscott (4187)
• Portage La Prairie, Manitoba
10 Oct 09
Pay 100$ extra, or 20$ extra.
That seems like a tough choice to me. How much money would you lose for taking the day off work to go to claims court?...Transport, parking, lunch etc etc etc...It would really depend on what the final total cost of going to claims court would be, included time off, transportation, food, parking.
But if it could save me even 5$ I would do it such to show the Real Estate agent that they should do it how they are supposed to.
Cheers.
@moonchild1au (6237)
• Australia
11 Oct 09
The good thing is that I don't work at the moment so I won't be losing out there...there is also free parking at the courthouse so that's not a problem either. My only problem would be trying to find childcare for my daughter...
1 person likes this
@CJscott (4187)
• Portage La Prairie, Manitoba
12 Oct 09
Then I say talk to the kids babysitting age, or the home day care, or possibly even some older folks you know, and show them people that just can't push folks around like that. They are bound to the contract just the same as you are.
Cheers.
