Furious and need advice, what are my rights.

[PumpkinZulu]

Okay, very condensed version for now but I can post the full story later. Basically, was renting from a family friend. No contract but on the agreement (in emails, not formal though) it should be for around 12-18 months. Got rid of couches, fridge, kitchen appliances based on this as the flat was partly furnished.

Fast forward to a month ago, been there 7 months. He asks for a rent increase. I tell him I can't afford that and if he wants to charge that amount, I'll need to move out. He becomes very vague, doesn't tell me yes or no, just that we'll talk about it when he returns to visit (he lives in Indonesia). Very very very shortened, tells me just before he returns that I need to be out in two weeks, he is sick (has had HIV for years), probably cancer and he needs to stay in AUS. Because it's all just so extenuating and hard for him I agree. Fast forward to now. I couldn't find a new flat in that time, madly packed my life up and had to move into my mothers, which is not a great situation. Caused me insane amounts of stress and my life is now crammed into one room. Well, landlord firstly starts chasing extra money (he disputed dates and said I owned 3 days rent), asks to get the couch cleaned. I find out he's rented his flat out to three people and will be going back to Jakarta next week. He hasn't even had the tests he told me he had! And he needs to come back in 3 months for a review and if he's still fine he'll be back to once or twice a year visits (for anti-viral meds, which are free here). I'm devastated, shocked, hurt. I had a safe home, and now I have nothing. I even chucked things out to be able to fit in this one room at my mothers. I checked and double checked (because I wanted to be thorough) that it was HIM moving back into the flat, he always said yes. I know it's his flat, but he lied to me repeatedly for what feels like the fact that he wanted more money.

I know I didn't have a contract, not even a solid agreement, but do I have any rights here, can I report him to...I don't even know who. But was I entitled to a certain amount of notice? There were no medical needs to evict me, he lied to me about all of that. He just wanted more money I feel so tricked and trapped now.

[kelebek]

Did you get the couches cleaned and paid the extra rent?
You could try ringing the tenancy tribunal in your state but without a lease I doubt you do sorry

[PumpkinZulu]

****! This sucks. I will never trust anyone again, everybody in my life is just screwing me over. No, I refused the 3 days rent because he was wrong, and same with the couch, I had been there 7 months and hardly used it. So glad I didn't and he's not getting a cent more from me. This is horrible. I feel so displaced.

[Amity]

Unfortunately probably nothing you can do.

Check with the Tenants Union of Victoria. They're in johnson St Fitzroy.

[kelebek]

I wouldn't be either. I know it's a small consolation but he can't make you pay or get the lounge cleaned.

[nothing2lose]

Ironically, if you had stayed, you would have rights (with regards to not moving until a specific time had elapsed) but now you have moved there's not much you can do.

I think it's best to chalk it up to a crappy experience and, in the future INSIST on a lease. It's there to protect you, as well as the owner.

[jackrose]

Urgh, that sounds horrid!

It is absolutely horrible to be treated badly in a rental situation, leaving you feeling unstable in your housing situation. 100x worse when it is a personal connection that has screwed you over.

Sounds as if you have done nothing wrong but have received the short end of the stick anyway. Absolutely sucks and I wish it was not the case. I don't know how some people can sleep at night when they pull things like such this, blatant deceit.

I don't have any advice but just wanted to say I am so sorry to hear of what you are going through. I agree with kelebek though. Doesn't sound like you owe him anything and there isn't really a way he can make you pay for things you don't owe. Maybe send him a calm, dot point email outlining your belief about the couch being clean or outlining your agreements prior to moving in concerning cleaning of the couch and also outlining dates and payments. Also, make a clear point that this is the end of things and you wont be discussing things any further.

All the best, you deserve a mighty big break to be coming your way soon

[~clover~]

Yeah, I think (in NSW anyway), you still have the same tenancy rights as anyone within a written tenancy agreement. So there should've legally been 30 - 90 days notice for vacation, no matter the circumstances.

But now you're out, there's not much you can do other than not pay up

[Cassius2]

far out. what a horrid person he showed himself to be

I have zero idea on what rights you have. Maybe see this as a way of getting rid of all the bad energy from your life and making a new and fresh, independent start with Isla. I know that moving home is not ideal, but might be good to lick some wounds, heal a bit and then focus on where you want to be at xx

[RhiChiChi]

:-( I'm so sorry this 'friend' has turned out to be a nasty, horrible person. I don't know if you have rights but if it were me, I'd cut my losses (so to speak). I'd be giving him no additional money for anything. I'd call the tenancy board and see if you have any rights (doubt it) but also check whether he has a claim for anything on you (doubt it too). ((hugs)) hun what a sucky situation

[Traveller]

I agree with others, I think you would have rights had you remained in the property in the form of 60 days notice for rent increase, and 90 days notice for the end of tenancy. However now that you have left I would imagine you have lost any rights. Such a hard lesson to learn not to trust a friend when it comes to major things like a place to live, always insist on a lease.

[PumpkinZulu]

I only left because he made out like he had cancer. I'm still really floored this all happened.

[Catastrophic]

What an arse!

I'm so sorry you are receiving blow after blow ATM. Huge hugs!!!!


Cat xox

[AliBaby]

That majorly sucks.

Not much that you can do now that you are out and definitely dont pay him a cent more for any cleaning. He violated your rights as a tenant but not sure where you stand legally. You may be able to put him on a rental warnings list for bad landlords.

Karma will catch him and bit him in his behind and i think anyone who lies about a medical problem is digging there own grave and jinxing themself into health problems.

Big to you and Isla

[delphmoon]

I wouldn't be either. I know it's a small consolation but he can't make you pay or get the lounge cleaned.

Unfortunately, I agree. Just as you have no rights neither does he- so he can't make you pay. Everything comes down to your word versus his- therefore you won't get anywhere.

Can I just add- and maybe its a little bit out of place here- but I really, STRONGLY feel that your life right now (moving in with your mum) is EXACTLY where you are meant to be right now. There are definately big things (good stuff) for you coming and for these things to be able to happen you need to be out of your comfort zone first so that you will be more prepared to take a risk in the future. Although I feel for you, being stuck at your mums and all, I just have this feeling that there is a really good reason for all of this. Sorry- weird but I HAD to tell you that..

Anyway- your landlord is an Ass and his greed will come back and bite him on it


xx

[PumpkinZulu]

Thanks so much guys. I think you're all right. I'm still appalled that he's done this and I'm still going to call VCAT and get some advice, but yeah.

Delph, I hope you're right. So far it has been incredibly stressful living back with my family, so I hope it works out.

[Bumperstump Cummerbund]

What a putz Check about your rights, but I'd also be calling him out on it, letting him know that you know he kicked you out because of his own greed. Is there any chance B had anything to do with it?

[PumpkinZulu]

Nah, Ben can't stand landlord, he helped me move into mums and was very angry when I told him about all of this.