legal advice: renting

fat4D · 31-05-2012, 08:11 AM

Hey guys need some advice, he I leave anything out that will help let me know. So I was renting with my brother and another bloke who were really bad to live with so towards the end of the lease I moved out with my girlfriend.

The lease is ment to finish on the 30th of June, when we started the lease we paid a month in advance as you do. So when leaving the last months rent that I paid was mays. And the month in advance will cover June to the end of the lease. Get a msg today from the other bloke saying he will sue me if I don't pay another month as they are staying on month to month so they have to pay.

s far as I'm concerned I don't have to as they are staying past the lease? Before leaving I had given both of them about 2 months notice I was leaving as well as 4 weeks before leaving I spoke to the realestate agent and informed them I was leaving

As far as I'm concerned he hasn't got a leg to stand on?

fat4D · 31-05-2012, 08:13 AM

Oh and I also found someone to fill the room for the last 8 weeks but the bloke flat out refused so I even found someone to take over my share

Work Horse · 31-05-2012, 08:58 AM

You are going to jail fat4D, nothing surer

Your house mate is not going to sue you. It would cost him a lot more than the rent you owe him.

If you signed a lease for 12 months to the 30th June you are bound by it.

The money you paid at the start of the lease was the bond, not rent. The bond is returned after the lease period. It is not to be used as rent.

You broke the lease by leaving before the agreed period.

Sorry mate....

GT0132 · 31-05-2012, 09:42 AM

If you paid rent one month in advance on commencement of the lease (assuming 1 July 2011) and paid a monthly payment each month thereafter your obligation finishes with the payment you will make on 1 June 2012.

The deposit or bond is another story. That cannot be paid to the lessee by the rental bond board until the others move out and an inspection undertaken by the landlord (or his agent) or you negotiate with the others to pay out your share

BAXR8_Ute · 31-05-2012, 09:09 AM

Mate, tell him to wake up to himself, you don't have to pay anything. The lease will be finished nd you gave fair notice. He won't sue you.

I have an investment property, the one month paid in advance is rent not a deposit. Work horse, don't confuse it with the bond which is usually four weeks rent aswell. If a tenant pays a holding deposit, when the lease starts it goes towards the rent.

fat4D · 31-05-2012, 09:17 AM

Sorry should confirm. At the start I paid 4 weeks bond as well as the months rent

Work Horse · 31-05-2012, 09:28 AM

Quote:

Originally Posted by fat4D

Sorry should confirm. At the start I paid 4 weeks bond as well as the months rent

So agree to pay your last months rent, if they agree to return your bond and have your name removed from the lease.

As mentioned above, now that you have moved out they could trash the place and you will never see your bond.

The Yeti · 31-05-2012, 11:40 AM

Quote:

Originally Posted by fat4D

Sorry should confirm. At the start I paid 4 weeks bond as well as the months rent

thats how I would understand it, tell him to root his boot, if the last flat mate I had was trying to find some one to take their room to finish the lease I would have been happy.

whats the worst that can really happen you dont talk to this "bloke" again as said above he wont sue it will cost more than the rent the worst he can do is talk about you behind your back BFD tell him to harden up and move on

GT0132 · 31-05-2012, 04:24 PM

Quote:

Originally Posted by The Yeti

thats how I would understand it, tell him to root his boot, if the last flat mate I had was trying to find some one to take their room to finish the lease I would have been happy.

whats the worst that can really happen you dont talk to this "bloke" again as said above he wont sue it will cost more than the rent the worst he can do is talk about you behind your back BFD tell him to harden up and move on

Thing is the person the OP introduced may not be suitable. What if he's a low life twat? You can't force someone like that on your old flatmates.

Also what xisled said - If the OP last paid his rent in May he has to cough up another month or be in breach of the lease agreement, assuming his name's on it as lessee

Rambunctious · 31-05-2012, 09:20 AM

I agree with BAXR8, you're all good fat4D because, as you said, you paid for May and the rent in advance pays for June which was the end of your lease, so you have no liability.

Hell, are they saying if they stay for another 10 years on a month to month basis, you have to keep paying, no way.

However I don't like your chances of getting any bond back unless the bond was registered in all names seperately.

edit...Is the lease in your name as well as their's ?

Maka · 31-05-2012, 09:46 AM

Who's name is the property lease in? Go speak to the real estate property manager. If its in you're name, tell em whats going on. If every one is a tenant on the lease still speak to property manager. If the others want to stay on, a new lease would be needed.
Who paid the bond? Did you all chuck in? Make sure total rent is up to date before you get off the lease- the other's may have to give you your'e share of the bond if you chucked in for it.

cheers,Maka

Work Horse · 31-05-2012, 09:49 AM

Quote:

Originally Posted by fat4D

H

The lease is ment to finish on the 30th of June, when we started the lease we paid a month in advance as you do. So when leaving the last months rent that I paid was mays. And the month in advance will cover June to the end of the lease.

Was it Mays rent or Junes?

xisled · 31-05-2012, 10:27 AM

When it comes to rent, I would say you still owe a month. When you pay in advance you pay for the month you stay.

Example.

Moved in on the 1st of Jan. You pay 4 weeks on the 1st of Jan. The next months rent will be 1st of Feb. That means when the 1st of Feb comes the money you paid in advance has been used.

I think your ex house mate is right asking you for the last months rent. If you paid in May you have only covered May's rent. That leaves you with 1 months oweing according to the lease.

TheSneakiness · 31-05-2012, 03:09 PM

Quote:

Originally Posted by xisled

Example.

Moved in on the 1st of Jan. You pay 4 weeks on the 1st of Jan. The next months rent will be 1st of Feb. That means when the 1st of Feb comes the money you paid in advance has been used.

I think your ex house mate is right asking you for the last months rent. If you paid in May you have only covered May's rent. That leaves you with 1 months oweing according to the lease.

Bad example.

Reason is that I pay 4 weeks rent every month as that's how I get paid, but the only time ever that is a month is 28 days is February, so you quickly fall behind.

Luckily our on site manager is fair and wrote in our lease that every 3rd month we need to pay an extra week which is not much to ask.

xisled · 31-05-2012, 03:11 PM

Quote:

Originally Posted by Rapid_Axe

Bad example.

Reason is that I pay 4 weeks rent every month as that's how I get paid, but the only time ever that is a month is 28 days is February, so you quickly fall behind.

Luckily our on site manager is fair and wrote in our lease that every 3rd month we need to pay an extra week which is not much to ask.

Thats a good point. I was trying to be basic. LOL.

TheSneakiness · 31-05-2012, 03:53 PM

Quote:

Originally Posted by xisled

Thats a good point. I was trying to be basic. LOL.

Lol, sorry, I saw your post and went *BUZZZZZ*, you're wrong.

svo supporter · 31-05-2012, 05:46 PM

If the Op has mentioned it to the real estate agent (which it appears he has) about leaving, I seriously doubt his housemate/s can do squat. By rights, the real estate agent should do an inspection of the property a the end of the lease if the Op has a bond on the place to determine if any monies would be owing on his behalf, regardless if the housemate/s are continuing on a month by month lease. So the Op should make sure the house isn't trashed prior to the inspection.

As for the owing rent to the housemate/s....That's difficult....Technically, it'd be owed to the real estate agent, being a combined rent payment. So that'd be something that would be sorted between the real estate agent and housemate/s. It would also be handy to have receipts available, incase legal action would be taken

xisled · 01-06-2012, 10:50 AM

Also just a thought. If the Op signed the lease and he is the only one on this, and due to this the house mate still living at the house does not pay any of the rent. The whole months rent is going to fall with the Op.

Or what will happen is the agent will just take it out of the bond.

Might be worth just paying it to get out of this whole situation.

GT0132 · 01-06-2012, 09:23 PM

Quote:

Originally Posted by xisled

Also just a thought. If the Op signed the lease and he is the only one on this, and due to this the house mate still living at the house does not pay any of the rent. The whole months rent is going to fall with the Op.

Or what will happen is the agent will just take it out of the bond.

Might be worth just paying it to get out of this whole situation.

Yep and any further rent while the flatmates stay there.

In that position the best thing to do is give notice to the landlord and if the flatmate wants to stay on, get him to enter into a new lease

creative · 02-06-2012, 01:52 AM

Was just watching this to see what was offered!

I see multi quote work has no order! Lol

Quote:

Originally Posted by GT0132

Yep and any further rent while the flatmates stay there.

In that position the best thing to do is give notice to the landlord and if the flatmate wants to stay on, get him to enter into a new lease

Right in respect to giving notice to the agent, not the landlord. A new lease cannot be done unless all parties agree in writing. You can remove yourself from the lease in writing but A lease is still in effect until the expired date. Only once a lease has been expired can your name officially be removed.

A lease does not continue on a month to month basis. Its simply called an expired lease. All your repsonabilities continue but if you all wish to leave You would have to give 21 days notice for all parties to vacate at the end of lease term, even if it is an expired lease. An agent may issue a 90 day no grounds notice in this time which means you can stay the 90 days and move out or vacate the next day without penalty...

in short, dont believe he stays there on a month to month, week to week or what ever term.

The actual ruling is, if you wish to vacate at the end of lease you can give notice ANY time before lease end. An agent usually requests 2 weeks. If you want to vacate on an expired lease its 21 days.
If An agent wants you to vacate at lease end, so long as the notice is issues before the final day of your lease, you have 30 days after the lease has expired to vacate. As before, if its an expired lease they issue a 90 day notice and you can move out at anytime without penalty. All other times, whoever is noted on the lease are responsible for the payments.

Quote:

Originally Posted by fat4D

Hey guys need some advice, he I leave anything out that will help let me know. So I was renting with my brother and another bloke who were really bad to live with so towards the end of the lease I moved out with my girlfriend.

The lease is ment to finish on the 30th of June, when we started the lease we paid a month in advance as you do. So when leaving the last months rent that I paid was mays. And the month in advance will cover June to the end of the lease. Get a msg today from the other bloke saying he will sue me if I don't pay another month as they are staying on month to month so they have to pay.

s far as I'm concerned I don't have to as they are staying past the lease? Before leaving I had given both of them about 2 months notice I was leaving as well as 4 weeks before leaving I spoke to the realestate agent and informed them I was leaving

As far as I'm concerned he hasn't got a leg to stand on?

Who pays the rent? Was it you or all of you? Speaking to an agent in regards to moving out means squat, i hear it every day! Always put it in writing clearly defining dates. When you first signed up, what did you pay? Was it 2 months plus the bond or one month plus the bond? If you payed one month, you have to pay until june. If it was 2 months you only have to pay until may.

Example. We ask for 6 weeks up front. 4weeks go to the bond and 2 weeks to the rent. You move in and pay the first rent on the following week. You have used up one of the two weeks so will now be a week in advance, not 2 weeks.... Hence me asking if you paid on or 2 months advance.

Quote:

Originally Posted by Maka

Who's name is the property lease in? Go speak to the real estate property manager. If its in you're name, tell em whats going on. If every one is a tenant on the lease still speak to property manager. If the others want to stay on, a new lease would be needed.
Who paid the bond? Did you all chuck in? Make sure total rent is up to date before you get off the lease- the other's may have to give you your'e share of the bond if you chucked in for it.

cheers,Maka

Most sensible answer so far!

Quote:

Originally Posted by svo supporter

If the Op has mentioned it to the real estate agent (which it appears he has) about leaving, I seriously doubt his housemate/s can do squat. By rights, the real estate agent should do an inspection of the property a the end of the lease if the Op has a bond on the place to determine if any monies would be owing on his behalf, regardless if the housemate/s are continuing on a month by month lease. So the Op should make sure the house isn't trashed prior to the inspection.

As for the owing rent to the housemate/s....That's difficult....Technically, it'd be owed to the real estate agent, being a combined rent payment. So that'd be something that would be sorted between the real estate agent and housemate/s. It would also be handy to have receipts available, incase legal action would be taken

Again, a sensible answer.

In a nut shell. Providing you have provided to the agent a letter of moving out of the propertyand the other people are staying in the property you will be ok. In respect if you should pay, thats a moral decision. An agent and a landlord wants the rent. They dont care who pays it. So long as you have provided in writing that you have moved out, the agent checks with the other tenant, ignoring the fact you found someone else (just opens another can of worms) that you have, you are covered.

Like i say, morally you have to decide if you want to pay or not.... As for tribunal, they make it up as they go and have no idea!

Its late and im a bit bleary eyed and i hope it makes sense......but if you want an exact stance just pm me your details (lease info etc) and i will let you know how we would handle it....

Im in property management and business development in nsw btw.

AU Mont · 01-06-2012, 01:19 PM

pay your last months rent that you owe, its simple.

if not, then it will get taken from the bond (if your old mates fall behind in rent) and you will have a record of losing some of your bond which might make things difficult when applying for houses in the future.

gtfpv · 01-06-2012, 10:40 PM

to the op , dot the i's and cross the t's make sure it is all done fairly , if it isnt in writing , you dont have proof , and if your name is on the lease , then problems can arise . your room mate is probably just being a ***** , however dont listen to statements like whats the worst that can happen ? diddly squat ( you know that isnt true ) always try and solve the matter , unfortunately , its a lesson learnt , you have to do all these things in writing via agreement , otherwise people can say anything against your lease rights etc and you only have your word . obviously none of this needs to have happened , your house mates coul'dve just replaced you , but someone has a chip on the shoulder , sort it out , if it has been sorted , good luck .

FGII-XR6 · 01-06-2012, 11:51 PM

easy way to work out if you owe anything ( insert correct figures here )
if the lease is 12 months and your part was $400 per month to fulfill your obligation you would have needed to pay 12 X $400 or a total of $4800 including you first advance payment if you have paid the number on months on the lease you owe nothing

csv8 · 02-06-2012, 08:39 AM

From : Tennants NSW.
Publications
Living in a share house? DL leaflet
Living in a share house? A3 poster
Download share housing agreement [PDF]

In 2011, changes were made to tenancy laws in NSW that affect people living in share housing.

If you rent part of a house or unit from another tenant – and they have a written tenancy agreement with the owner of the premises – then they are your head-tenant.

It is very important that you have a separate written agreement with your head-tenant. Without a written agreement, you will not have the protections of a tenant under NSW tenancy law.

If you are a head-tenant, having a separate written agreement means that the rules are clear and any disputes with other tenants can be resolved formally.

Note that a head-tenant needs written consent from their landlord to sub-let to another person. A landlord must not unreasonably refuse to give consent.
http://www.tenants.org.au/

Work Horse · 02-06-2012, 09:17 AM

The OP has not returned to this thread.

I suspect he has realised his mistake and wishes to move on....