(Ex) Landlord pblm

[Guest dragonz]

Hi everyone!

 

Didn't expect this to be the first post I'd be making, in fact I'm a bit shocked at how things have unfolded lately for me.

 

Anyways, we came over last year and got a unit under an open term contract. The contract states that we should give 3 weeks notice prior to leaving. We gave a 10 days notice following 'an understanding' that we thought we had after we had let two opportunities down in December upon the landlord's request that it was festive time and he wouldn't get a tenant and that we could move out on a weeks' notice in January. Nothing done in black in white, all verbal.

 

He called me up to day and said that I was liable for 3 weeks as he's been unable to get a tenant that he 'usually' can find within a week, which if he had then he would've taken rent for the 3 extra days that we lived there to make up for the 10 day notice period and returned the rest.

 

The thing is that he does accept receiving our notice for which we don't have any written acknowledgement from him in the form of a signed copy or something but I just took a snap of it before giving it to him. He topped it off with some abuse as well, to which I replied very calmly as well and asked him why he was doing so despite having the strongest urge to tell him to STFU.

 

The guy always dealt in cash with me for both the bond & rent. I never got a bond receipt from the Govt after I was told by him that he needs to deposit it to a certain body.

 

Does anyone smell a fish? Can I complain? What do I do?

 

P.S. We're in a new home btw & have loved Oz since we've arrived.

[Guest Guest75]

Not much of a leg to stand on if all done in cash and no paperwork I'm afraid.

 

 

Hate to say this but if you don't check and receive paperwork you are just not preparing yourself to stand up in court if it goes boobies up.

 

 

Walk away and get on with your life.

[Blossom]

So have you had your bond back?

[Toni]

I think you should contact the Tenancies Branch of the Consumer and Business Services - here's a link (hope that's ok mods) http://www.sa.gov.au/subject/Housing,+property+and+land/Renting+and+letting/Information+for+private+rental+landlords/Being+a+private+rental+landlord/Bond,+rent+and+other+charges

and explain what has happened. If he did submit the bond then they will have a record of it and if he didn't submit the bond then I think that will look very bad on him as they have some strict rules about the collection of bonds.

 

If you took a "snap" of the notice you gave him then get that printed off somewhere that is still a copy and proof that you gave the notice. I personally don't think it matters that you dealt in "cash" as that was obviously his preferred means but probably it would have been better if you had paid via bank transfer.

[Guest Claire-n-tel]

It is a horrible way to think but seriously when it comes to money and contracts trust noone. I don't think that paying by cash is your problem but not having anything in writing is.

 

Did you actually try to give notice twice before christmas then? Was it written notice? He has no right to expect you to keep renting until it is more conveient for him to find new tennants, if you were giving him the required notice then if he is able to get a new tennent or not is his problem.

 

as Toni suggested, Talk to the people in the link above.

 

It might be helpful if you don't have receipts to maybe have a bank statement that shows a large withdrawal for the same rent amount every week?

[Guest dragonz]

Thanks everyone!

 

I'd been thinking along Tyke's lines until it got ugly and the abuse came in. I did get receipts for the rent when I paid it and also have one for the bond. I was just wondering if I should've got a copy of the bond receipt that he would've submitted to Tenancies? That's the bit that feels suspicious to me.

 

And yeah, no I haven't got my bond back as yet. Here again, he does acknowledge the date that we gave him the notice. Even if he hasn't signed it and is aware that we had notified him, for 10 days & not 21, doesn't that imply that he agrees to the notice we gave?

 

The two properties in Dec came along one after the other and he got ticked off after he had someone call up and inquire and was almost on the brink of giving their property to us. He just came over and had a chat about it at out door. That's when we thought that we had an understanding.

 

I've got all my receipts, copy of the lease, bank withdrawals and all to support my case. We did also do an exit inspection(that I signed) which was done in a very congenial manner, so I didn't bother taking a copy of that and assumed that I'd get all my bond back in a few days as there was nothing to be claimed in damages.

[Guest Guest75]

OOOOO great - Paperwork!!!

 

That makes it all so much easier!!

 

Show copies to landlord and state your case ................. if he is (naughty) dealing in cash - he will cak his daks as the tax man may well be interested!!!!

 

 

Good luck!

[Guest dragonz]

There's one more thing. He one the lease agreement wanted us to use an address different to what it was know previously. The one he wanted us to use was the street address like 5A & not Unit 6/5A as it should have been. Plus anytime we wanted people over at our place the address(either) of these wouldn't come up on Google Maps and show it further down the same street.

 

Is that also something interesting?

[Guest dragonz]

Thought I'd just conclude this case as to the outcome. I contacted Tenancies SA over their helpline 131 882 for advice and told them everything as I have up here. The lady over the phone told me that I didn't have much to stand on provided the verbal aspect where I would have difficulty proving as to what was said. I went back, not that I intended to deviate, to the termination clause as per the agreement. So I just settled on the amount remaining after the rental deductions that were due.

 

However, had I had any written proof or even recorded proof of the verbal part then things would have been different.

 

Thanks!

[cliffy]

This is why as a landlord and as a tenant I always prefer to work through a letting agent. The only time I rented privately I also ran into trouble through "a gentlemen's agreement" and from then on I asked for paperwork at every turn.

Glad you've sorted it out now.

[Guest dragonz]

Albeit a true gentleman will always keep his word, regardless of the time & age mankind might exist in. This was the first ever house/unit I ever rented in my life, having lived in a family home all my life before heading to Oz. We've been given a big lesson. Gotta keep moving ahead, its a thing of the past now although I strongly believe in karma