Landlord wants to sell, but wont let us leave

[danniellabella]

We were told last week that our landlord will be putting the house on the market and would be willing to negotiate an earlier end date to our lease which expires 21 August. She is wanting to put the house on the market ASAP but doesn't want to do it until we've moved out.

We looked at a great house over the weekend and were just advised our application was accepted. I rang the current property manager to find out how early we can end the lease. She rang the landlord and the landlord said no earlier than 2 weeks before the end of our lease! Unfortunately we had to turn down the other house.

What I don't understand is why the landlord said she wants to put the house on the market ASAP but wont do it before we move out and yet she's not willing to let us leave early?

[Kazbah]

Did you get anything in writing from the landlord about the earlier comms?

[Visitor7]

I guess she doesn't want it siting empty and her receiving no income? Bummer for you guys though. You never know, the seller might get a buyer who wants vacant possession asap and you get to leave early. That's what happened to us when we sold on of our houses. We paid our tenants out in cash + removal expenses just to get the house sold.

[danniellabella]

We have a letter from the property manager stating that we will not be offered a lease renewal, just a general run of the mill letter. We were advised by phone that the landlord was going to sell and about the negotiation of the end of the lease term.

[danniellabella]

I guess she doesn't want it siting empty and her receiving no income? Bummer for you guys though. You never know, the seller might get a buyer who wants vacant possession asap and you get to leave early. That's what happened to us when we sold on of our houses. We paid our tenants out in cash + removal expenses just to get the house sold.

I really don't want any opens conducted while we're still living here though. I guess what we want is for the landlord to allow us to move out before it's on the market and opens are conducted.

[Marlene]

Let them know that you won't negotiate with them then, stick to the original lease.

[danniellabella]

Let them know that you won't negotiate with them then, stick to the original lease.

But we want to move out sooner than just two weeks before the end of the lease which is the earliest they'll let us without penalty.

[Arimeh]

Ahhh this is soo similar to what happened to us, they told us that they wanted us out, they had the place on the market, so we prepared ourselves and got ourself a place to buy ourselves, and THEN they said that they wouldn't let us out of the lease, and that they never said that to us!!!! Bunch of baaaaarrrrstards. We had to pay for a month extra rent plus our mortgage on our new place because of them. GRR.

[Asparagus and Lemons]

Well that is confusing! Your getting some mixed messages there! Obviously they arent that desperate to sell!

[ladybird11]

Have you called the Real Estate Institute of SA for some advice hun?

[*Belle*]

Have you called the Dept of Fair Trading? They will be able to advice you the correct legal terms of your current lease that your landlord needs to stick to. For example if you are on a continuing lease like we were either party (landlord or tenant) needs to give 21 days notice. Hope you get the answers you need. It sounds strange they are saying one thing but then backing away. Weird.

[Hansie]

Our situation is slightly different in that we purchased a house with a sitting tenant and so have to wait till the lease expires in order to move in. In Victoria, we have to give the tenant 60days notice that the lease will not be extended. From that point onwards the tenant has to give us 14 days notice of vacating instead of the normal 28 days. I would check with the renting board (sorry can't remember the name) as you have recieved a letter stating the lease will not be extened wouldn't that be considered notice?

[LimeSlice]

Sorry if I am repeating, haven't read all the responses in detail...

Basically: 1/ You are bound to stay out your lease, unless released by mutual agreement in WRITING. 2/ If you break the lease, you still nee to pay out costs for advertising etc. for new tennant until end of your lease. 3/ Selling the house means you are required to provide reasonable access to the property for inspections - it should be in your lease, have a read, it is the law and basically means allowing them access for 1 home open per weekend etc. You CANNOT refuse them ANY access for inspections despite you being the lease holding tennants. 4/ Any purchaser MUST take on your lease under current terms until the end of your lease period. At which time they can refuse to offer a new lease or increase rent.

HTH Sorry they are being PITAs, but like MD said - I would let them know they are bound by the lease, just as you are, and they can have 45 mins every Sunday afternoon, organised 2 weeks in advance, for home opens. GL

[danniellabella]

Ok, had further talks with them. They aren't going to put it on the market until the end of our lease and want to do some work on the house after we move out. The landlord has got leave in August to do all this to coincide with the end of our lease. We can leave anytime from the beginning of August.

It wouldn't be such a problem for us to pay for rent at 2 houses if we were both working, but we found out this place will be going on the market shortly after I quit my job...terrible timing really.

Also, we were given 89 days in writing so they are well and truely within the contract terms. It was a case of mis-understanding and the property manager giving us incorrect information (she doesn't seem to choose her words very well). She said they want to put it on the market quickly. What she meant but didn't say was "quickly after the end of our lease"

At least it gives us more time to pack and even have a garage sale before we leave to try to get rid of stuff we don't want to take with us.