Landlord query? Tenants rights

[Cupcake]

Ok so quick catch up. DP and i rent off my dad and his wife. We pay what they were previously getting minues agent fees as we rent privately. My step brother (dads new wifes son) was living with us and has now moved out. We had issues with someone being in our house (without us knowing) so we asked if it was him. Apparently step mum found this an extremely offensive question that we even asked if it was him. I asked my dad if it was him as well and he had no issues on me asking him until step mum had an issue so he rang me and abused me for even asking. Needless to say i gave it back to him and he hung up. I have limited contact with them as im extremely POd.

I get a message from step mum today saying "please keep driveway free of all articles" i wrote back whats that supposed to mean she relies "youll see when you get home keep the driveway tidy at all times" i think she is refering to a towel that i quickly threw out of the car as it was wet and was running late for work so had no time to take it inside.

My question is ... can a landlord tell you how to keep the property. Im so furious right now (they live down the road and can see our house from their veranda) shes is a spiteful ... and has been trying to cut me out of my dads life since day dot. What rights do i have as a tenant when there is no lease agreement in place. I want to tell her how i really feel but am holding back as i know it will cause dramas which is what she wants, she is baiting me to react and its frustrating...

Anywho any advice would be great thanks!

[Just Me]

Sounds like your step-mum is just being spiteful but as she is your landlord there are a few clauses in the contract that could be interpreted either way . . .

One of the conditions of renting in Queensland is that

The lessor/agent must allow the tenant quiet enjoyment of the premises, must not interfere with the tenant's use of the premises and must allow the tenant reasonable peace, comfort or privacy.

Tenants must ensure they and their guests do not:

use the premises for any illegal purposes;
cause or permit a nuisance; or
interfere with the peace, comfort or privacy of any neighbour.


The premises and inclusions must comply with health and safety regulations, such as local council regulations, at the start and throughout the tenancy. The tenant must ensure the premises are kept clean, and that they and their guests do not damage the premises. If the premises are damaged or in need of repair, the tenant must notify the lessor/ agent as soon as possible.

Most of it is up to interpretation by both parties. Your step-mum hasn't issued you with a notice to remedy breach so there is really no action that she can take if you don't do anything about clearing your driveway. If she continues to disrupt your peaceful use of the premises I would probably consider issuing her with a notice to remedy breach, though if you do not want to move out, this might not be the best way to go.

You could also call the RTA hotline and have a chat to them about the situation and find out what your rights and obligations are and what you can do if your step-mum keeps harrassing you.

Hope that helps.

ETA: I would also say that since she refused to be specific about what she has taken exception to, you are also entitled to leave everything the way it is. If she decides to issue you with written notice then she has to be specific. She also has to discuss the issue with you openly so that you are able to fix the situation if it needs to be.

[Cupcake]

Thanks so much Tville girl once again you have come to my Real Estate query rescue!! She IS just doing it to be spiteful and she is refering to a towel on the driveway. Unless she means the garbage bin which was put out for collection today ... im so angry and we ARE looking for another place at the moment. Just going to wait until we find somewhere then tell her to stick it.

Once again thank you!!

[misty]

As for the uninvited person being in your house, you definitely don't have to put up with this. Not sure about the tenancy rights in your state, but if another person has access to the premises (and has been going in without your permission) you should be within your rights to ask for them to change the locks. Definitely get in touch with the tenants advocacy service in your area and see what they have to say about your situation. Find out what your rights are and then have a 'chat' with your father letting him know what your rights are (maybe have a look online and print off some information).

[Cupcake]

Thanks for your help ladies, i spoke with my dad and he had no idea she was even sending me these messages. Shes just an unhappy person and as a lady at work put it "dont give her the satisfaction" so we're staying in the house and just going to ignore her ridiculous messages. Mind you when i got home there was nothing in the driveway...no idea what she was on about. Crazy pathetic woman.

[Just Me]

Glad that you have some peace about it. She sounds like a real piece of work. I hope she leaves you alone - it's not nice to be harrassed about the place that you live.

[Cupcake]

ohh you have no idea. She is a nasty horrible old woman. Im my dads only child and she just hates the fact im in his life. If you arent blood related she doesnt give two hoots about you. Her grandkids call my dad grand dad but i know for a fact when we finally conceive she wont accept our baby at all but i dont care i thik our bubs will be better off. Anywho a bit off subject and ranty hehe

Thanks again!!

[~clover~]

I really think you guys should maybe get a formal lease agreement in place. Until then I'm not sure if you have any rights at all. You could also stop paying rent (not saying you should) as there is no formal signed agreement.

[misty]

I really think you guys should maybe get a formal lease agreement in place. Until then I'm not sure if you have any rights at all. You could also stop paying rent (not saying you should) as there is no formal signed agreement.

It doesn't matter whether or not their is a 'proper' lease in place, in the absence of one the courts just assume the general provisions usually laid out in a lease for that state.

Good to hear you sorted some of it out with your father, If it were me I would only tallk to him about anything tenancy related and ingore his wife.

[Cupcake]

Yeah i think as long as im paying rent there is a standard agreement in place or something like that; tville girl filled me in on all that last time i had a real estate query haha.

I had planned on ignoring dad for a while but i just cant do it so im talking with him but she can go to that little firey place down below! Lol

Thanks for all your help ladies, i truly appreciate it!!