I have a friend in Brisbane with a big problem.
She is renting after a nasty divorce, and has been in the house for two and half years with a lease ending in mid-December. She was not aware of her rights and the owner told her a few weeks ago he would be selling the house and she would need to find a new rental because the new owners would either want vacant possession, or they would put her rent up. (I know both these are absolute rubbish, but my friend panicked, and didn't check with RTA.)
She is a very clever woman, but has a LOT of other stuff happening in her life (work issues, mother issues, brother issues, ex-husband issues, children issues - all causing grief right now - and she just panicked and thought she had better find a new place to rent).
She found a suitable unit where her small dog would be accepted and in desperation signed a lease. Three days later she realised she had made a terrible mistake and asked the landlady if she could change her mind, offering her the two weeks in advance and even all of the bond if necessary. Landlady told her no. Told her she was up for rent until she found another tenant.
I know this is perfectly legal and my friend knows she cannot do anything other than keep paying double rent until the unit has been rented. She has never been given a key and my concern is that this landlady could be very picky with who she finds, knowing she has six weeks cash in her hand and is legally entitled to rent from my friend until it is let.
Landlady said she has already sent the bond off (self-managing) and I suggested my friend call RTA on Monday to see if it is lodged yet, but ten days is not up anyway. All monies were paid in cash.
All the landlady has really lost (my understanding) is three days but I understand she has probably lost a week, plus any other prospective tenants she had. I would have ripped up the lease, or possibly taken a week's rent, but perhaps I am too soft. My friend is stressed to the eyeballs, and needs to minimise her losses.
I suggested she not pay any more money, that six weeks is ample time for the landlady to find a suitable tenant. I know legally she is bound to keep paying, but I fear the landlady is possibly in no rush, and could be turning away tenants she would normally accept because she is holding six weeks' rent and has time to be more fussy than she would have been otherwise.
I also suggested my friend call the RTA to see if she has any way of finding out if and when the place is rented, or the landlady could just keep all her money and not let on that she has found a new tenant and is double dipping.
I suggested too that it is my understanding under the new laws that the landlady has to have a very good reason to stop my friend sub-letting to someone she finds herself, though this would not be ideal. At least it could minimise her loss, but could bring further issues she really doesn't need.
I also suggested she lodge a form claiming her bond, so that at least the landlady has to somehow show the RTA the reason she is claiming all four weeks of the bond, and she might have to prove to the RTA that it is not let.
I would also think that if my friend refuses to pay any more money, she would have good case if the landlady takes her to tribunal, because I think six weeks in the Brisbane market is more than enough time to find a new tenant. I believe the tribunal would agree, but who knows?
My friend knows she made this mess herself, and the reason for my post is to get any ideas of how best for her to limit her losses.
I am wondering if she has not been given a key, if that helps her case?
I have told her that her current landlord has blatently lied to her by telling her she needs to leave before he lease is up and that her lease is ironclad, and that a new owner takes over the lease, and also cannot raise her rent. She now knows she could agree to leave early if it suits her, or if he offers her some compensation to leave early.
Of course, she could ask him if she can leave now, but I feel very sure he will want it ALL his way and he would insist that she stays until he wants her to leave. I suppose she could ask him, but I reckon he will not release her early unless it suits him, and the place is not even on the market yet.
I couldn't sleep last night because I was so upset for her and so mad at the existing landlord, and the new landlady who will not allow her any leeway, even though my friend has made a very generous offer of nearly $3000 to be let out of the lease.
If this landlady finds a tenant this weekend, my friend may only lose one to three weeks, but I worry that the landlady will try to keep all the money.
She is renting after a nasty divorce, and has been in the house for two and half years with a lease ending in mid-December. She was not aware of her rights and the owner told her a few weeks ago he would be selling the house and she would need to find a new rental because the new owners would either want vacant possession, or they would put her rent up. (I know both these are absolute rubbish, but my friend panicked, and didn't check with RTA.)
She is a very clever woman, but has a LOT of other stuff happening in her life (work issues, mother issues, brother issues, ex-husband issues, children issues - all causing grief right now - and she just panicked and thought she had better find a new place to rent).
She found a suitable unit where her small dog would be accepted and in desperation signed a lease. Three days later she realised she had made a terrible mistake and asked the landlady if she could change her mind, offering her the two weeks in advance and even all of the bond if necessary. Landlady told her no. Told her she was up for rent until she found another tenant.
I know this is perfectly legal and my friend knows she cannot do anything other than keep paying double rent until the unit has been rented. She has never been given a key and my concern is that this landlady could be very picky with who she finds, knowing she has six weeks cash in her hand and is legally entitled to rent from my friend until it is let.
Landlady said she has already sent the bond off (self-managing) and I suggested my friend call RTA on Monday to see if it is lodged yet, but ten days is not up anyway. All monies were paid in cash.
All the landlady has really lost (my understanding) is three days but I understand she has probably lost a week, plus any other prospective tenants she had. I would have ripped up the lease, or possibly taken a week's rent, but perhaps I am too soft. My friend is stressed to the eyeballs, and needs to minimise her losses.
I suggested she not pay any more money, that six weeks is ample time for the landlady to find a suitable tenant. I know legally she is bound to keep paying, but I fear the landlady is possibly in no rush, and could be turning away tenants she would normally accept because she is holding six weeks' rent and has time to be more fussy than she would have been otherwise.
I also suggested my friend call the RTA to see if she has any way of finding out if and when the place is rented, or the landlady could just keep all her money and not let on that she has found a new tenant and is double dipping.
I suggested too that it is my understanding under the new laws that the landlady has to have a very good reason to stop my friend sub-letting to someone she finds herself, though this would not be ideal. At least it could minimise her loss, but could bring further issues she really doesn't need.
I also suggested she lodge a form claiming her bond, so that at least the landlady has to somehow show the RTA the reason she is claiming all four weeks of the bond, and she might have to prove to the RTA that it is not let.
I would also think that if my friend refuses to pay any more money, she would have good case if the landlady takes her to tribunal, because I think six weeks in the Brisbane market is more than enough time to find a new tenant. I believe the tribunal would agree, but who knows?
My friend knows she made this mess herself, and the reason for my post is to get any ideas of how best for her to limit her losses.
I am wondering if she has not been given a key, if that helps her case?
I have told her that her current landlord has blatently lied to her by telling her she needs to leave before he lease is up and that her lease is ironclad, and that a new owner takes over the lease, and also cannot raise her rent. She now knows she could agree to leave early if it suits her, or if he offers her some compensation to leave early.
Of course, she could ask him if she can leave now, but I feel very sure he will want it ALL his way and he would insist that she stays until he wants her to leave. I suppose she could ask him, but I reckon he will not release her early unless it suits him, and the place is not even on the market yet.
I couldn't sleep last night because I was so upset for her and so mad at the existing landlord, and the new landlady who will not allow her any leeway, even though my friend has made a very generous offer of nearly $3000 to be let out of the lease.
If this landlady finds a tenant this weekend, my friend may only lose one to three weeks, but I worry that the landlady will try to keep all the money.
