Flat Chat Strata Forum Rental rants Current Page

  • Creator
    Topic
  • #35953
    Btulagan
    Flatchatter

      with a very challenging landlord / realestate agent with on going issues which they not willing to do address. Unfortunately the agent won’t budge!

      I am starting to feel anxious and hating the new apartment. I don’t feel it’s a home anymore & battling with nonsense & unreasonable agent/ landlord has taking a toll.

      1. Could they terminate my contract if they found me at breach of my lease

      2. Do I have to pay the landlord compensation ie loss of income, agent fee etc if the they decided to terminate my lease

      3. If I agree for them to terminate my lease, how long of a period do I have before I vacate the property

      4. Will my name be put on the default website as a bad tenant

      its very vague as I read legislation and I would like to get advice from anyone who’s been in this situation from both tenants & landlord

      thanks

       

    Viewing 4 replies - 1 through 4 (of 4 total)
    • Author
      Replies
    • #35957
      kaindub
      Flatchatter

        Hi Btulagan

        I see that this is the second post you have made, and the problems seem the same.

        You aid in your first post that you are new to real estate. I guess you mean to renting property.

        The answer to this and your previous post is that you need to read your rental lease. I know in NSW , and I assume other states, that there is a standard rental lease that must be used.

        Did you sign one? If you did not then you do not have a legally enforceable lease with the landlord and you can walk away at any time – no penalty.

        But you said that you are engaged with a real estate agent. Then I assume you have a lease in place.

        I regards to parking in your previous post, the lease will specify what parking you are entitled to. If there is no mention of a parking permit in the lease, then the landlord/agent is required to provide one for you.

        When you rent a property you are assumed to have made all inspections and enquiries at the time of inspection, and the lease stes out what you are getting (ie if there was dirty paint in a room and you saw it and then rented the property, then you can’t go back and ask for the room to be repainted. You leased the property “as is”.

        In respect of this post, the lease you signed will contain the penalties you pay for breaking a lease early. provided you pay these break fees, then your name will not go on a bad tenant list.

        If you choose to break one of the lease conditions (ie not pay your rent) then most certainly your name will be placed on a bad tenant list.

        If this place is as bad as you make it out to be, let the agent know that you want to get out. Pay the break fee and find another place.

        For people new to the rental market it can be a confusing place to be.

        Good luck with finding a new place

        #35959
        Btulagan
        Flatchatter
        Chat-starter

          Hi Kaindub

          i am not new in rental properties & I have always rented directly from a realestate agent in the last 10 years around North Sydney area.

          Yes I signed a lease thru an agent and unfortunately the realestate do not wish to compromise with anything – from pot plants in the garden, to picture hooks to parking permits. Oh not to mentioned, I inspected the apartment 3 weeks before we move in after signing the lease – I pointed out the fire exit stairs and hallway is fully blocked. Again 1 day were in, 3 day, and every week after that I have sent them emails to sort it out! Finally 6 weeks in to the property I made the drastic move n threaten to report them to the council and fair trading. Within an hour the whole fire exit are was cleared!

          I have never come across a realestate like this one before! I even spoke to a number of realestate in the area,  a Property lawyer, Fair Trading, Sydney waters, North Sydney council and Tenant unions they couldn’t believe what I’m saying.

          I have an excellent tenant record. every single property I have rented was left immaculate  ( better than how it was before ).

          I believe your comment is well irrelevant to the topic but I do appreciate your input.

           

          #35960
          Jimmy-T
          Keymaster

            Click on to the Tenants Union website.  It has fact sheets covering just about every situation in renting. There is also a link to a “tenants advocate”.

            Armed with the correct information, you might then want to approach Fair Trading for mediation.

            But, to answer a couple of your questions, no, a landlord can’t break the terms of a fixed-term rental lease.

            And, yes, if you do breach the terms of your lease, you can be evicted.

            And yes, if you just up and leave, you can be required to pay the rent on the empty property until such times as a suitable alternative tenant is found, or pay for the costs of advertising for your replacement (or both).  Failure to do any of that will quite possibly see you blacklisted.

            Now, go to tenants.org.au.

             

            The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
            #35962
            Btulagan
            Flatchatter
            Chat-starter

              Thanks Jimmy T

              im putting together all infos I will need

            Viewing 4 replies - 1 through 4 (of 4 total)
            • You must be logged in to reply to this topic.

            Flat Chat Strata Forum Rental rants Current Page