Taking over The Lease from FILTHY Housemate

poiuy1234 on 03/03/2015 - 11:16

Just over a year ago, I moved in with a filthy housemate. She had already been there, and my name didn't go on the lease. The lease ends soon, and she has told me that she is moving in with her boyfriend. I would like to stay, and have the lease transferred into my name. However, having lived with her for just over a year, I know that she will not leave her room, nor the rest of the house in a reasonable state, and I am just wondering what I can do to ensure that when I eventually move out, I am not stuck with having to clean up her damage.

For example

The carpet in her room stinks like chemicals, and who knows what else.
There are makeup/foundation marks all over the walls, and doors, in her bedroom as well as throughout. How do I request for those to be cleaned up? Do I ask the housemate or the agent?

Also, gas, electricity and internet are in my housemate's name. Should I transfer these asap?
My housemate struggles financially and is always behind in bills, I pay my share of the rent to her 2 weeks in advance, and have also paid her a bond when I moved in. Is it ok if I stop making payments to her from now on, as those will cover the remainder of her time on the lease. I am worried that she will not give me my bond money back, and am worried that she will move out without paying the utility bills first.

Any advice would be greatly appreciated.

Home & Garden

Comments

  • Sweet Potatoes on 03/03/2015 - 11:30

    I would definitely talk to the property manager, your room mate sounds like a flake. They should have her bond she paid seeing as she is on the lease and she is responsible for cleaning the place. I imagine if you take over the lease she will be required to clean it as you will be the 'new' tenant on the lease. If she doesnt you should be able to get the agent to use her bond to clean it. Ask her if she will give you back the bond you paid her, first though.
    PS. How does one get make up on the walls and door??!

    • poiuy1234 on 03/03/2015 - 11:42

      Thank you.

      Re: make up on walls and door

      She applies foundation with her fingers and palms, rubs it in like you would sunscreen. She then doesn't wash her hands but proceeds to open and touch doors, actually, now that I think about it… maybe she intentionally wipes her hands off the doors/walls :S

  • chonghe on 03/03/2015 - 11:33

    Have you consulted the agent that you can directly transfer the lease name without you moving out?
    As far as I know many agents require tenant to clear the house, let them renovate or clean it, and then they will post the house and lease at a later date. If this is the case, you will need to move out as well when the lease ends.
    PS: your housemate sounds really filthy, and I admire your patience to be able to live in that condition. How did you manage to do that?

    • poiuy1234 on 03/03/2015 - 11:42

      Didn't think of that. Thanks for pointing it out. Will speak to the agent.

      I've been seeing a psychologist to help me deal with anxiety induced by my housemate :(

      • chonghe on 03/03/2015 - 16:02

        definitely need to talk to agent about this
        hope that your agent allow you to do this
        but why until seeing psychologist? is it worth staying there? or was it because of the bond?

        • poiuy1234 on 03/03/2015 - 16:13

          I just have way too much on right now, looking for another place would be something I don't need right now…

  • [Deactivated] on 03/03/2015 - 11:36

    Did she lodge the bond with the RTA? If not, its going to be trouble. Talk to the agent asap, if there is trouble at least you can stop paying money to her and have sufficient time to move out. Minimize your potential losses because from the sound of it, the liabilities look pretty messed up.

    • poiuy1234 on 03/03/2015 - 11:44

      Not sure if the bond was lodged with RTA, but she did give me a receipt for it if it makes any difference?

  • [Deactivated] on 03/03/2015 - 12:54

    I'm not sure what cost effective avenue to recover the money should things go south. Having a receipt is good enough for evidence but the question is who could you get to enforce it?

    Anyway, only transfer the gas/elec/net after you have become an official tenant of the property. (most providers charge some kind of transfer fee that you will have to pay if the owner/agent denies you the property).

    Assuming you did not sign some kind of rental contract with her (even so, she is not the landlord and she may or may not have had specific permission from the agent to sub-let)

    Lease is under her name and if you shift out today and forfeit the bond with her, it will be very difficult (not impossible) for your friend and the agent to get what is owed from you (if there is excess after deducting the bond).

    The same thing applies if the owner/agent/your friend decides to call the police and say that you are trespassing.

    Liability is hers, she is legally responsible for cleaning and making sure the property is in the condition she received it in for the next tenant. This is the normal procedure if she completes her lease. The least you could expect is that.
    You could also negotiate with her to contribute a sum for cleaning up the place when you hand the house over to the agent after YOUR lease is over. This however, involves dealing with her and is easy only if she is reasonable.

    You should in parallel talk to the agent asap (assuming you have the agent's contact). It is very likely that the agent does not know your friend is sub-letting to you and in my opinion you should not care. It is in your interest to keep everything above the board and let the agent deal with your friend. I don't know what penalty could apply but the agent will very likely not let your friend stay on (which is what is going to happen anyway) and they will need somebody to take the lease. Play ignorant (maybe) and when the agent asks say you have no idea (you probably didn't) that your friend did not have permission to sublet to you. You will need owner/agent's approval to be put on the lease, agent will probably inspect the house and feel quite sus' about the dirty room. Explain the situation to them and hopefully you get the lease (its in their interest to have a seamless lease takeover).

    Note : from my experience from renting in QLD. I am not an authority in this matter but have encountered it before and helped friends through messy lease takeovers.

    • poiuy1234 on 03/03/2015 - 13:58

      Thank you. She wasn't a friend, just someone who was looking for someone to share with… I did sign a contract with her when I moved in though, and the agent is aware that someone else has been living in the property.

  • Adz81 on 03/03/2015 - 13:09

    My experience when taking over a lease in SA (albeit not from a pig)… I moved in with someone (name on the lease and I paid them a bond), and had been there almost 12 months when she tells me her lease is ending and she's moving out, but I can stay… i informed the real estate agent that I wanted to take over, as I didn't have much furniture (in fact, almost nil outside of my bedroom barring some cooking equipment), I asked that the agent do a vacate inspection which I would then use as my move in inspection (as I was away working at the time). Landlord agreed to this and everything was peachy, with the exception that I lost my bond from the person that moved out… Saw them at a bar a month later, they said they had trouble getting it back, but finally did and that they would pay me back… Still no dice, although I wasn't too fussed, I look at the lost bond as a Finder's Fee for a very good rental…

    Good luck, hope it works out, cannot recommend highly enough talking to the agent, especially if you've been staying there without your name on the lease.

    • poiuy1234 on 03/03/2015 - 13:59

      Thank you. Do you think it's fair I use my 2 week rent that I've been paying in advance and the bond towards the remainder of 4 weeks of rent. Just in case she refuses to give my bond back?

      • Adz81 on 03/03/2015 - 16:23

        If you've been paying it to her, I'd say there's not much chance of that… I was in the same predicament and had to pony up my rent to the agent.

      • Geewhizz on 04/03/2015 - 07:29
        +1

        Why not discuss that with her? Don't just stop paying the rent. If she's as bad a money manager as you say, she may welcome the idea of not having to fork out the money to return to you. Check with her whether she has lodged it with the bond board (or whatever they're called, and if she has, ask to see any paperwork)

        Don't forget you're going to have to come up with the whole amount of bond when you take over the lease.

  • iridiumstem on 04/03/2015 - 07:39

    …I feel your pain, sorta. My younger brother had to leave this country on the basis of visa complications, I had to be the one who takes care of the cleaning while working, while being a full time student (double degree too), while looking for a house (The landlord was a terrible excuse for a human being), I still don't understand how he managed to live in a room with fossilised 6 month old rubbishes/food scraps without getting sick.

    Anyways, talk to the agent and the landlord asap in that case. They'd probably want someone to take over the lease anyways when the girl leaves. I seriously suggest you to talk to the landlord and the agent. Also, I know this sounds evil, but why don't you say you urgently need to go back to your place so you need your bond back or something? Tell her that you need your share of bond for some random made up reasons. If landlord says your share of house looks clean enough, she'd have no reason to not give you your bond back. When you get your bond back, or even while you are getting your bond back, talk to the agent about the situation and try to make a deal with the landlord?

    Also, if you are subleased, I think at least you are not protected by Residence Tenancy Act in ACT (I think, from my limited experiences with legal stuff due to the landlord being a pathetic excuse for a human being). You might be protected by something else but I am not too sure. I think RTA only protects those people who are under the contract with the landlord by a contract that specifies or implies the people as tenants, though I am happy to be proven wrong. I suggest you to find legal informations, like your rights or contact free legal advisors for general advices, just in case things get messier. Anyways, good luck.

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