13 yrs, 10 mths ago

HELP! Moving house…

Okay so I need so advice from anyone who knows anything about rental properties…

So last year in feb we (3 uni students) started renting our brisbane house and they only had us on a 6 month fixed lease and when that ended they didnt mention anything about signing on further so it automatically turns to a periodic lease which means they can tell us to leave anytime but have to give 2 months notice minimum and we can leave whenever we want but have to give at least 2 weeks notice…. this was more to our liking anyway coz we only wanted to live in this house for 1 year because its 103 years old and very much falling apart….

so now its practically been a year of renting this house and we have been looking for a new house to rent in brisbane for the past 2 months but seeing as our housemate was away in india it made things extremely difficult as she couldnt sign any applications or leases…

last week however we got a letter from our property manager giving us till the 30/04/11 to vacate the property….. and so now i am really freaking out about trying to find somewhere to live as it seems every man and his dog are looking now (esp uni students and people who were affected by the floods finding temp accommodation)

Now that our housemate who was in india is back now things should work out a lot better for us (but uni starts next week and i seriously dont want to be looking when i have classes)…..

but i just have a few questions…
– if we find a house now can we move out before that date (30/04/11), and if so do we have to still give two weeks notice or can we move out whenever?? I mean, we dont have to pay rent until the date specified do we??
– and they take out rent fortnightly but what if we find a house and move out within the first week, do we get the second weeks rent back??

Im stressing out about this.. which is no good coz i am suppose to be on holidays and i will have plenty more stressing to do when uni starts back up again…

10 comments 32 voices

Replies

  • 13 yrs, 9 mths ago

    i went to my older brother for help and he rang the RTA for me….turns out we were right… our two 2 weeks notice overrules the agents 2 months… 🙂

    im so stoked we got a house and cannot wait till we move … we just paid the bond and signed the lease today and we get the keys saturday morning…. 😀
    Congrats on the new house, I hope it’s fabulous! It’s always so stressful when moving house. We purchased a house just over 2 years ago, which was even more stressful!

    its such a relief coz we have spent sooooo long looking for a rental property…..

  • 13 yrs, 9 mths ago

    i went to my older brother for help and he rang the RTA for me….turns out we were right… our two 2 weeks notice overrules the agents 2 months… 🙂

    im so stoked we got a house and cannot wait till we move … we just paid the bond and signed the lease today and we get the keys saturday morning…. 😀

    its such a relief coz we have spent sooooo long looking for a rental property…..

  • 13 yrs, 10 mths ago

    Fashionista8P – definitely check out your legal rights with the appropriate body in Brisbane. The property manager is having you on and probably doesn’t think you will check the legalities. Glad to hear that you have found a new house which is great. Do check out the lease properly on the new house and make sure you document (and photograph if possible) any defects on the condition report. You may need this if you have another problem when you leave. Good luck and I hope you will be happier in your new abode. x

  • 13 yrs, 10 mths ago

    definitely call them at the rental board, if you are out of contract and can give 2 weeks notice then you should be able to.
    Also make note of all the things, if it is unfit then definitely should be able to get out earlier.

    I found my local rental board very helpful when the previous place I rented had the hot water system break and the landlord told me “shower with friends and family for a week or 2!!!”
    The rental board had it fixed within 48hours (legal requirement)

  • 13 yrs, 10 mths ago

    well i just got a call today and we got a house and can move in on saturday….
    but when we called our property manager he said we have to pay rent till the date which is on the form which is the 30th April….

    im in Brisbane so i am just looking at the RTA’s website now to find a way out of this because i dont think this is right…. plus this house is so unfit to live in so im going to do everything i can to get out of this rental property….

  • 13 yrs, 10 mths ago

    It is stressful dealing with these issues. Your best bet is to contact relevant bodies in the state you live in. I don’t know where you live but there should be a consumer rights statutory authority or a tenants union that you can contact. These bodies give excellent advice.

    As PrettyPrincess says, you will need to pay a bond in your new place and that is likely to occur before you get your bond back from your current residence. Good luck!

  • 13 yrs, 10 mths ago

    If it is in your contract that you can leave with 2 weeks notice then you should be able to leave early.

    We ended our lease early and lucky a tenant was found really quickly so we where not penalized as we broke the contract!

    Also just remember you will need to put bond up for the next place before you get the current bond back.
    Good Luck

    yeah thats exactly what i dont want to do… have to pay rent to two places….

    i have no clue if they can even lease it out again, the roof in the second bedroom has been leaking since we had all that rain in Brisbane with the floods and we did tell them straight away yet they still did nothing about it… so if worst comes to worst i can use that against them and say the house is unfit to live in….

    i just seriously hope we find a house this week and it will all be sorted. Its very stressful…

  • 13 yrs, 10 mths ago

    If it is in your contract that you can leave with 2 weeks notice then you should be able to leave early.

    We ended our lease early and lucky a tenant was found really quickly so we where not penalized as we broke the contract!

    Also just remember you will need to put bond up for the next place before you get the current bond back.
    Good Luck

  • 13 yrs, 10 mths ago

    Hi fashionista, we were in a similar situation not long ago. We had a lease in Adelaide till Apr ’11 and we left in Jan ’11. W ehad been living there for 2 and a half years and our lease was not changed from fixed to periodic for some reason.

    We had to pay the rent till Apr (which was when our contract was ending) or till they found a tenant. It was really hard on us because we had moved to a new place and were paying rent for two houses, which was beyond ridiculous!

    In your case, the breach of contract was by the landlord/agent so you technically need not pay the rent if you leave before the given date. They should also refund the one week’s rent if you have paid for two weeks and you vacate before it.

    I’m not too sure, but I think this is how it works. You should speak to a property lawyer, who consult their first session for free and explain your situation. You will know your rights better.

  • 13 yrs, 10 mths ago

    Gosh that sounds stressful! Are you in QLD?
    I suggest you have a look around on the http://www.rta.qld.gov.au/ website so you can check everything is all above board and what they can and can’t do

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