Rental -possession order help

benoxr · 07-03-2007, 09:53 PM

Can anyone tell me, when a landlord applies for an order of possession of the property, just how long that order takes before it is acted on. I need to buy some time here and this is why. I have a rental lease which expires on April 20th. The house I have being built wont be ready until maybe May 20th. I need one months lease and are willing to pay that month in advance. The owner/landlord, through the Agent, says she wont accept anything less than a 3 month lease. I have already said I wont be signing for 3 months knowing that I will have to cough up 2 months rent that I don’t need and plus they will make me pay their advertising costs if I break a 3 month lease which no doubt I will have to. There is no way I am going to move a family with 4 kids and my furniture to who knows where, for 3 or 4 weeks. If the owner applies for an Order of Possession, to force me out, how long have I got before they’re knocking at the door to remove us and the family? I’ve got to get prepared for a fight I think..
Any advice appreciated.
Cheers
shane

eb_5litre · 07-03-2007, 10:23 PM

I'm sure you can get away with squatting for 4 weeks............

Seriously though, I think the gears turn slowly on these matters so theres a good chance you'll be alright, just make sure you pay the months rent.

benoxr · 07-03-2007, 10:49 PM

Quote:

I'm sure you can get away with squatting for 4 weeks............

That's about how I was looking at it. I'm hoping that by the time the Residential Tribunal allows the owner to act on it, I'll be outa there. I'll pay the rent but I may have to change the front door lock, which will get me in trouble of course.

eb_5litre · 07-03-2007, 10:56 PM

I'm pretty sure they arent allowed to enter the property without your permission, from memory I think out-of-lease tenants have more rights than those who are still on a lease. Just play ignorant for 4 weeks.

Hally · 08-03-2007, 08:41 AM

Are you sure that the house you are builing will be ready by the 20th of May? It might be worth it to do the three month lease and give yourself a safety buffer. Also, you don't have to rush the move into the new house, have plenty of time to clean the rental etc...

Quasi · 08-03-2007, 08:53 AM

Generally speaking, after the expiration of the lease periodic tenancy is in place, unless notification of vacancy is submitted by one party or the other.

I would check the terms of your lease, but notice to quit needs to be served in advance, by both parties. Either she gives you a months notice, or you do likewise, in writing.

Each state has a rental tennants board that normally has a website with the state legislation on this sort of thing, so hit your state government website and run a search, or even Google it.

Regardless, she needs to have a reason to give you notice, and unless you have actually done something to break the terms of your lease you should be pretty right for a month.....check it out though, just to make sure you're covered.

EDIT: Here you go....see if this helps

http://www.ocba.sa.gov.au/tenancies/

4.9 EF Futura · 08-03-2007, 08:55 AM

Dude you're being offered a gift horse here!!!

Yes, 2 months rent would be a waste but even that is very good of the landlord IMO. I know people who have been in a similar scenario that have had to sign up for a 12 month lease then break that after 8 weeks. And 2 additional months rent prob cheaper than breaking lease (also considering how bad they would screw you on the security bond as well - landlords are vindictive people).

See where they are coming from... That's someone's income you're messing with here, and its good to hear you intend on paying the rent, but there is a very good reason that people ask for a min 3 months (lucky to even have that offered!!! so many places wont consider less than 6, my landlord wont go less than 12).

But yes... you're a residential tenant...if you need to, you will get away with murder.

JefXR8 · 08-03-2007, 09:00 AM

From what youve said it looks to me that the owner wants to move in,i think its called vacant posession.
Im fairly sure if your lease has ran out they will let you go on a week by weeks agreement.

Quasi · 08-03-2007, 09:03 AM

Quote:

Originally Posted by 4.9 EF Futura

Dude you're being offered a gift horse here!!!

Yes, 2 months rent would be a waste but even that is very good of the landlord IMO. I know people who have been in a similar scenario that have had to sign up for a 12 month lease then break that after 8 weeks. And 2 additional months rent prob cheaper than breaking lease (also considering how bad they would screw you on the security bond as well - landlords are vindictive people).

See where they are coming from... That's someone's income you're messing with here, and its good to hear you intend on paying the rent, but there is a very good reason that people ask for a min 3 months (lucky to even have that offered!!! so many places wont consider less than 6, my landlord wont go less than 12).

But yes... you're a residential tenant...if you need to, you will get away with murder.

What you're not keeping in mind is that if he signs a 3 month lease and only stays 1 he blows his bond, and will likely get sued for the other month and any incidental costs they care to claim.

If he is on a lease and it is due to expire, then periodic tenancy should cover the period needed. He is still paying rent, notice is given, and the landlord has time to find a tenant....win/win.

XR6-VCT-2000 · 08-03-2007, 09:07 AM

By the time they got an order written to get you out and sent to the renters tribunal, up to the time it would be due in the court, you'de probably be out of there anyway.
And even if you wasn't out , you'de be supprised how leaniant the renters tribunal is ! .

The landlord has bugger all rights realy, i've seen your situation happen with my nextdoor neighbour a while back, it went to court and the court let them stay as long as they needed, as it was not possible to sign a lease for under 3 months for them either. The courts decided it was unhumane to throw someone out into the street, and they didn't have to sign another lease / or move until their new place was ready / And to top it off, the place they were living in was sold and another family was waiting to move in !!!!. They ended up in that place for nearly another 2 and a half months before they moved too !.

fiery · 08-03-2007, 09:14 AM

Quasi said it best with the fact you don't want to be signing any agreement and just go on a 'periodic tenancy'.
They can't force you to sign, so don't.
If they give you notice, then you yourself can apply to the Residential Tenancy Tribunal against the notice. When at the tribunal, state what you want to do and why.
The board will 99% give you the nod of approval.

Have you spoken to the owner about your situation honestly? Go above the agent (quite often they don't even speak with the landlord about issues).

Put yourself in the landlord's shoes for a few moments and think about what you would prefer. I think you would also come to the conclusion that being honest and open with the owner themselves is by far the better option.

**ebxr8240** · 08-03-2007, 09:55 AM

It may NOT be the Landlord? Often these conflicts are between tenant and real estate...

Kryton · 08-03-2007, 05:15 PM

take it to the tribunal, that will get you and extra month straight away before anything even happens.

Bill_R · 08-03-2007, 06:31 PM

I only know NSW but it might be similar.
1st thing is - a periodic tenancy only applies if they don't ask for Vacant posession at the end of the fixed term. It sounds as if they have asked for Vacant Posession.
If you sign for 3 months you can leave after the one month but might need to continue to pay rent until they get someone else in and might be up for other costs. They could slack off and be picky until the 3 months are up.

If you stay the need to go to the tribunal, have it heard and, if they are sucessful, they can get the Sherrif to evict you. Sure, that takes time but it is a lot of hassle plus you get the black mark against your name and additional costs. You might not need to rent again but it might cause other issues.

I would have thought that a "reasonable" agent/landlord would give you the month and use it to get someone else in. It seems this agent/landlord is not being reasonable which is fairly common for them.

You should have a tenancy advisory service in your state. They are the best to call for advice.

I'd think about staying in a van park or similar for the month and put the rest of your things in short-term storage. Treat it like a holiday.

Outbackjack · 08-03-2007, 06:47 PM

Quote:

Originally Posted by benoxr

Can anyone tell me, when a landlord applies for an order of possession of the property, just how long that order takes before it is acted on. I need to buy some time here and this is why. I have a rental lease which expires on April 20th. The house I have being built wont be ready until maybe May 20th. I need one months lease and are willing to pay that month in advance. The owner/landlord, through the Agent, says she wont accept anything less than a 3 month lease. I have already said I wont be signing for 3 months knowing that I will have to cough up 2 months rent that I don’t need and plus they will make me pay their advertising costs if I break a 3 month lease which no doubt I will have to. There is no way I am going to move a family with 4 kids and my furniture to who knows where, for 3 or 4 weeks. If the owner applies for an Order of Possession, to force me out, how long have I got before they’re knocking at the door to remove us and the family? I’ve got to get prepared for a fight I think..
Any advice appreciated.
Cheers
shane

Why dont you give the landlord one months notice of intent to move out on the 20th of April? That way you are not breaking your lease, not setting yourself up to be robbed by the landlord, and giving the landlord one month to find a new tennant. In today's rental market you can bet that what ever you are paying now will increase by at least half on the new lease. It's a landlord's market out there at the moment.

OLDFORDNUT · 09-03-2007, 12:02 AM

Quote:

Originally Posted by Outbackjack

Why dont you give the landlord one months notice of intent to move out on the 20th of April? That way you are not breaking your lease, not setting yourself up to be robbed by the landlord, and giving the landlord one month to find a new tennant. In today's rental market you can bet that what ever you are paying now will increase by at least half on the new lease. It's a landlord's market out there at the moment.

this is best advice here.also an earlier post hit the nail on the head, you can be sure its the real estate agent trying to screw you not the owner,as you have already been there without any problem for lease period, so why on earth would owner give a stuff as long as they are collecting rent.

The Yeti · 09-03-2007, 07:22 AM

I wouldnt have said any thing and just gone month to month at the end of the lease, I think last time i had to kick out a tennant I had to give a months notice which ****ed me off becasue they can do a **** load of damage in a month + that leaves them then 4 months behind in rent

**ebxr8240** · 09-03-2007, 10:32 AM

Quote:

Originally Posted by Outbackjack

t's a landlord's market out there at the moment.

About time too !!!

xdc351 · 09-03-2007, 04:39 PM

As has been said. If they haven't slapped an order on you already just pay the months rent and watch them get in a flap but not be able to do anything.

What sort of a moron agent/landlord would not just give you the month that you wanted and avoid any nastyness.

Screw landlords, I've had my fair share and loose more respect for them daily. I've never done anything but keep a perfect house and they're always trying new and invetive ways to screw me over (none work of course). Be nice to see someone get one back.

LTD Ute · 09-03-2007, 08:55 PM

Talk to the Tenant's Union!! and stop wasting your time!! Believe me!!
the most important thing here is the SA legislation, I can manage Vic
state law, but unless anyone can advise at a local level, leave it to the
local experts.
I manage over 250 State run emergecy housing properties in Victoria,
we, like every other lanlord is subject to the "Residential Tenancies Act".

You will have something similar in your state, and again, see your
local advocates......they are usually free, and, very well informed!!

ALWAYS!! maintain the communication, preferably on Registered Post
with your lanlord or real estate agent, keep every document, either way!

Given the current norm in current nationwide rental legislation,
I doubt very much that the owner can evict, let alone in the time frame
indicated.

GET ADVICE!!!!!

SERIOUSLY, these services are there for you as TAX Payer!!!

Information is the key to any response!!

Will.