I'm getting sooo fired up (and really with lack of sleep and my temper, people shouldn't do this to me!)
We signed the lease on our place in Tassie for a year. When we moved in we noticed heaps of things wrong with the place, so would tell the real estate, and hardly anything would be fixed. They took ages taking their furniture out that they had left here (just a couch, fridge, washing machine, dryer, microwave etc) so was a bit crowded for a while. We had to wait up for a week for our garage door to be fixed (we couldn't open it) and our back door is basically hanging by one screw, and they won't fix it. Our dishwasher doesn't work properly - not getting fixed. The bathroom floor, hallway and toilet floor were promised to be tiled, nope still cork flooring that isn't polished, so the water just runs into it and is damaging it, oh - and the shower leaks.
All this for $310 a week - a HUGE price to pay in tassie.
When we first moved in they sent a valuer around to value the place. So we ask "is the landlord selling?" No we were told, just getting a valuation done. Hmm ok.
Then a few weeks later - another valuer was sent in. We again asked "is the landlord thinking of selling?" hmm not sure we were told, don't think so.
Few weeks later - another valuer - ARE THEY SELLING?!?! Nope, don't worry, you guys will see out your lease, they can't kick you out.
When I was 8.5 months pregnant (or could have been closer to 9 months) they sent in another real estate agent to value the place from the same agent that we rent from. So I ask them - is the landlord thinking of selling. The response? YES. They are in financial distress and need to sell this place urgently. Can we move? They have offered to pay our rental costs if we move ASAP. I said - NOT ON YOUR LIFE. I'm getting ready to have a baby, I'm not moving at this late stage. I then told the real estate agent that i'm sorry that the landlord is in financial trouble, and the earliest we would be able to move would be January some time. I said that we would look for a place to buy (even though we had no plans to buy a place until the lease finished in september) and we would break the lease by mutual agreement. The real estate agent said that would be great.
So we looked around and signed a contract for a place that is ok (its a unit) it was the only thing suitable in our price range for the time being (mind you, in september we would have another 10 grand up our sleeve to spend) and have been keeping our agent up to date with wjen our contract settles etc - so the landlord has always known.
Now - the landlords are being difficult and saying they want us to pay out our lease until september - and won't answer any emails or calls fron the real estate agent about leasing to someone else.
I'm sooo ready to take this to the tribunal cos they just can't **** with people's lives like this!! I don't particularly like this house, but didn't want to move with two todders and a newborn either! Grrr
It is obviously an attempt at money grabbing - especially if they are in financial distress. Don't pay it. If it does come to something take it to the tribunal then.
hi mel. im so sorry that your going through this. take them to a tribunal you would not be breaking the lease early if they weren't selling!!! any tribunal would side with you totally. unbelievable some people. huge hugs hun, this is the last thing you need atm. xox
Can you find anything saying their selling on the net or in the paper hon? take photo's of everything that is WRONG with the place and along with anything to PROVE that they are selling go to the realestate and threaten to go to the tribunual and see what happens. Tell them that they have one week to sya yes otherwise you will be going above their heads.
that is just utter ****!!! no wonder I have never rented!
Nah Maz, I've just got the word of a real estate agent to say that they are selling - which isn't probably worth much.. LOL. so they haven't actually put it on the net or anything, I think they preferred to wait until we were out before putting it on the net (easier to sell an empty house than one with tenants making a mess in it and having to organise people looking through it with my life I suppose!) and now of course, they would just rather take our money instead of being bothered with getting new people in and hey, actually having to farkin fix something
That sux. We're going to tribunal first week in February due to our old real estate being money hungry and wanting some of our bond.. nothing wrong with the house.. not getting a cent from us without a fight!
Do you have anything in writing saying they agreed to you both breaking the lease due to mutual agreement? If you go to tribunal, that is something you will really need. But i would probably just call the Office Of Fair Trading/Bond Board first and see what your rights are, what you will need etc. Have you moved yet?
Im sorry if someone here is an agent... but real estate agents can be real A holes. Ive dealt with some nice ones, but alot are money hungry on a power trip. They dont care that it is your life theyre messing around with.
We had problems with our last rental and the re adn the owner. My advice would be to send emails to the real estate agent try and ask questions or whatever you can to get him/her to actually say or agree to all the terms that have already been discussed. Basically what I mean is try to get the re agent to confirm in writing what you have already discussed so that you have proof...without him/her knowing what you are doing.
Real estate agents can say one thing to your face and do another after, I have ppersonally seen this with a similar situation that went through tribunal. What save us was I made sure all conversation etc was by email so I had proof.
The re might have a lot to gain by lying, the owner is their client they could get in trouble with their boss, maybe even lose their job etc etc.
Maybe call the tenancy ppl in tassie and talk to them not telling them your address etd if you just want advice without gving anythign away.
But I say definitely fight, you are in the right and have done more than you need to, you have bought a property to suit them for goodness sake!! And they wanted you to move out early. What horrible ppl they are being
I don't have anything in writing, not really. I do have some emails from the agent but nothing that specifically says "landlord wants you out and will break lease." Unfortunately it was all just said to me, and then I wrote an email to DH at work telling him about it - so I have that email, but nothing in writing to me.
Not sure on the laws in Tas, but in SA everything in the house has to be in good working order. So u could actually get out of your lease because they're refusing to fix things around the house. I think you have to notify them on your intent to vacate due to them refusing to fix xyz and they then have a set amount of time (14 days i think) to rectify the problems. If they don't, then you can break the lease with no penalties. Worth checking it out i reckon!
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I think there is going to be a **** fight!
for going through this!
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