as a rule its generally 28 days written notice when vacating a rental whether its at the end of lease or a broken lease. and if u beak a lease theres generally a fee for doing so.
so ur parents would have to pay 28 days from the date written notice is given.
it sounds like the real estate is being a bit dodge, but ur parents will most likely have to pay the 28 days.
if they still dnt think its right that they should pay it, take it up with the tribunal(sp?)
Yeah, I'm not sure about that. See it was the owners that wanted them out. So they could rebuild or whatever. They wanted them out before December. So technically it was the owners choice. Mum & dad would've happily stayed on for a few years.
Also, the RE for some reason is re letting it. I don't know why. I guess 3 months of fees is better than none? Its actually less than 3 months now, so I have no idea how they plan on doing it?
i guess what your parents need to check is if they got it in writing from the RE or landlord about a leave date.
then they would have a leg +to stand on. even if it is in an email or something?
Can they call the Rental Board hun and find out from them? I cant remember their exact name but they are supposed to be able to give you the right info about this sort of thing. GL!
They'll need either something in writing saying that the owners were asking them to break lease, or they need to contact them now and get it in writing that they officially asked them to leave. Otheriwse it could have just been a fleeting thought by the owners, and its possible they haven't even thought any more about it KWIM? Just one of those "you know what we should do..." kind of moments, but then decided against it.
Well I just printed some stuff up for mum to look at from the tenancy nsw website. What she should've legally done, what they should've legally done etc.
Hopefully she'll work something out from that.
Thanks
If they have someone else to take over the lease then they cannot ask for you to pay that rent, but they can ask for the rent to be covered until the new lease begins.
Having said that, because of the circumstances (ie, being asked to leave) the residental tribunnal has a bit of 'grey' area, which means the outcome could vary (in favour of your parents) if this went to tribunnal.
If the owner wanted your parents to leave before the end of the lease, they should have been given official written notice, otherwise they were under no obligation to go anywhere. Now, because the owner never actually provided anything in writing to the effect that he/she wanted them to vacate the property, it is being interpreted as your parents just wanting to break the lease with no reason. A grey area for sure - but the RE are not necessarily in the wrong for asking for the extra rent.
I haven't read all of the responses, but if the owners did not give them notice in writing that they wanted them to move out before the end of the lease, then I think it technically still falls under the 'breaking a lease' rules. Why don't you contact the Residential Tenancies Tribunal for some advice? They are usually pretty good about coming down on the side of a tennnant.
Have your parents discussed this with the owner, btw. Because the owner can simply notify the RE agent that they are happy for the lease to be broken with no penalty.
Ok. I'll find out a bit more later. Her bond claim from the RE did just turn up here, so when she comes to get it we'll know what's claimed & whats not.
They are usually a little more easy going on some of that stuff here, so I think mum thought that since the RE knew the owners wanted them out, then they didn't think they needed the owners eviction in writing iykwim.
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