Is This Real Estate Extortion?

LFabbbrrr on 03/04/2017 - 09:48
Last edited 04/04/2017 - 18:53 by 1 other user

Hi there!

So today I got an email from the Real Estate Agent that really really annoyed me. I've been living in this unit for more than 2 years, with 2 different 1 year contracts. I paid always on time and many times in advance some days… and most importantly I maintain the property as it is mine.

So a few weeks back, my contract expired and I decided to go month by month for several reasons, but to be honest I'm not thinking on moving in the short term.

In these two years I never had a green bin since the garden is really small, but this time I did a bit of extra work for the property and cleaned some trees from caterpillars and other bugs so I have a lot of green waste. I asked the real state for a green bin and this was the answer:

""

Is that even legal? To me, that sounds like an extortion to sign a new contract, which I don't want to and I have laws that protect me in that sense.

What should I do?

Thoughts?

Thanks in advance!

edit: deleted the email from the agent

Home & Garden

Comments

  • airzone on 03/04/2017 - 09:54
    +3

    Stop cleaning the garden so much, and put it in the regular bin as you have space. Landlord doesn't seem to care that much.

    Don't councils give the bins at no additional cost?

    • greyeye on 04/04/2017 - 12:24
      +1

      im at Gold Coast, and council charges extra $1 a wk for green waste bin.
      $52 / yr.. certainly not free.

  • [Deactivated] on 03/04/2017 - 09:56
    +21

    id write back

    "I'm reluctant to trim the lawn and do general upkeep of the garden, please organise a gardener to do this at your cost and I am no longer in contract with the lease"

  • k-rokfm on 03/04/2017 - 10:01
    +1

    First of all its real estate and secondly how did you even get to the conclusion it was extortion.

    If you don't want to sign a new lease, don't. It's as simple as that. Email back and tell them why you don't want to extend and ask if they will still be able to provide you one, that's best you can do

  • Diji1 on 03/04/2017 - 10:04
    -1

    Write a polite note explaining that you are not going to sign a lease in order for the landlord to be happy with complying with council by-laws and you would rather just contact the council and have the owner fined for ignoring the by-law instead of maintaining their property in an unlawful manner.

    Alternatively you could just explain that you have no desire to break the council by-laws by putting green waste into the wrong bin so the owner should pay a gardener instead.

    Your landlord or agent sounds like a moron.

    • EightImmortals on 03/04/2017 - 12:27
      +4

      Australia, the nation of snitches?
      I'm sure they can work it out without invoking big bother and all the hassle that comes with it.

    • FeRGan on 03/04/2017 - 13:29
      +2

      If you rub the landlord up the wrong way they will have a "big boy" tantrum and evict you.

    • MrBear on 04/04/2017 - 09:17

      Alternatively you could just explain that you have no desire to KEEP BREAKING the council by-laws

      FTFY. This is what they have been doing for 2 years already…

  • retiredfeline on 03/04/2017 - 10:06
    +1

    Real State Extortion

    Came here expecting some post about Centrelink robo-debt.

  • weezlebub on 03/04/2017 - 10:10
    +2

    It's not extortion:
    - if you're going to stay, sign a lease and get a bin
    - if you're going to leave, you don't need a bin

    As a side note, month to month lease means that your landlord can advertise the property for rent and terminate your less at the end of the month for someone more secure & stable

    • Fabbbrrr on 03/04/2017 - 10:15

      In my last contract, it clearly stated that if I do not renew it I can continue renting the property, with the same conditions, as long as there is no notice from the landlord or myself to either sell or leave the property. In addition to that, there are laws in Victoria that protect me with some time frames the owner has to comply before selling the property.

      I don't understand why I should renew the contract to get a bin, which is the correct way to dispose waste generated by the property. It is completely unrelated one thing to another.

      • k-rokfm on 03/04/2017 - 10:21
        +1

        Yeah, so he can give you a months notice to say get out, im getting in someone who will sign a lease and pay more

      • stratbargain on 03/04/2017 - 10:31
        +1

        Ultimately he doesn't have to supply a garden bin as there was not one there when you signed a lease. But you do have to keep the garden maintained according to your lease. So he is in his rights not to get you a bin (or to try and lock you in)… That said, he sounds like a complete idiot I must say.. but well within his rights.

        So you can either negotiate with him, or pay to have the waste removed yourself if you need to in an effort to keep the garden maintained. Or offer to pay for the bin.

      • dizzle on 03/04/2017 - 14:54
        +1

        Yes you continue on with existing conditions However since you are out your fixed contract, you are now on a month-to month contract meaning there are some different conditions mostly about the notice period for both parties. In a fixed contract the tenant has better rights too.

        Some landlords like this as it gives them a chance to be flexible - If the tenant is too demanding they can give a months notice (and not have to give a cause to break the lease), some use it as a way to keep the property filled until they can organise a higher rent or they may want to sell/renovate in 3 months.

        Some landlords don't like this because they also have no security as you can give a months notice. If he really wanted this, the best way would have been at the end of your fixed lease, give you a months notice with the opportunity to sign a new fixed lease.

  • stratbargain on 03/04/2017 - 10:27
    -1

    Why not reply back and say you will happily sign another 6 month lease if the landlord is happy to agree in writing that they will not adjust your rent for the term of the new lease.

    • mskeggs on 03/04/2017 - 10:59

      ??? how would the landlord change the rent in a lease period?

      • weezlebub on 03/04/2017 - 11:20
        +1

        In South Australia, a land lord can increase the rent by up to 10% every 6 months, even if there's a lease

      • stratbargain on 03/04/2017 - 12:47

        In Victoria they can once within a 6 month period.

  • mskeggs on 03/04/2017 - 11:10
    +10

    The internet sure does make storms in tea cups.

    The landlord's agent wants as many properties under a fixed term lease as possible. Their rent roll is the thing that gives their agency value, so they like having tenants under lease.
    As you rightly note, they are still likely to need to give you 3 months notice to vacate, so the rolling lease is likely no big deal.
    As for whether you should get, or need a green bin - if the property has not had one, and this is a new requirement, and it costs money monthly as it does in some councils, I think it is fine to ask you to sign a lease. After all, if you leave next month and the next tenant doesn't use it, the landlord has the $50 a year or whatever it is, expense added with nobody getting much benefit.

    Describing these minor things as extortion and questioning if asking for a lease is against the law make you sound like you don't have a firm grip on reality. It is like if the bus driver missed my stop and I posted "I was kidnapped!!!!"

    Probably the right answer for you is to see if your council has a free green waste collection once or twice a year. A lot do. This will get rid of the large pile you have collected from the once off clean up, without having to commit to an ongoing extra bin that usually isn't needed.

    • Fabbbrrr on 03/04/2017 - 11:40

      Yep, probably the word 'extortion' is a big one for this case, you are right. Said that, I don't like the way they use the opportunity to make me sign a new contract, even though I've been very clear to them that my intention is not going anywhere and I will let them know with more than enough time. I know it is business, but I guess the feeling of having a 'word agreement' I was hoping to get after 2 years is not there.

      If the green bin costs 50 bucks a year or 50 per month, that is something they should consider to provide before renting the property, as experienced real state agents in the market. If the landlord cannot afford 50 bucks a year, just increase the price 5 bucks a month or whatever.

      The money is out of discussion here, I'm complaining about the way the put the request in their favor… "if you don't sign, then you won't get the bin". I was expecting a better customer service, that's all.

      Thanks for the comment, I will call the council to get the green waste collection (if any) and then wait 6 months to trim the garden again.

      • angryatstupid on 04/04/2017 - 12:19
        +1

        They aren't making you sign anything. You are overreacting.

  • ronnknee on 03/04/2017 - 12:07
    +2

    No but it's a clickbait post.

    • moar bargains on 03/04/2017 - 12:24
      +3

      Yeah, clearly the poster works for BuzzFeed Australia…

    • altomic on 03/04/2017 - 17:05
      +3

      What this Tennant does next will shock you!!!

  • lainey13 on 03/04/2017 - 22:35
    +1

    It's like they don't realise the bin stays with the place and you don't take it with you…

  • pandabun on 04/04/2017 - 07:30

    If I were you, I would get a new contract.

    I've been renting since 2015. After a year has lapsed, we've been on month per month basis. We got a notice in December 2016 that they were increasing rate by $20 per week. 2 months later, we got another notice they are increasing the rate by $20 per week. We thought this was illegal but nope. Since we are not on a fixed term lease, they can increase the rate as much as they want. If you think the increase is unreasonable then you'll have to take them to tribunal with evidence.

    tldr: some landowners are greedy bunch of people. Lock in your contract, if you are not moving out, at a good rate.

  • Pumpkin_rrr on 04/04/2017 - 07:31

    Not extortion, its common business practice.
    The property didn't come with green bin when you signed up, so this is a special request subject to negotiation.
    I think it is nice for them to agree to a 6-mth lease, not 12, and without asking for rent increase. In case uou dont know, green bins costs money. In Brisbane Council, $30 to set up and $20 per quarter, cheapest I find.
    Next : are you entitled to demand for green bin for your one-off effort? Can you get a green voucher and take it to the dump?
    Last but not least, how many rental properties come with a green bin?
    Oh one more: landlords dont favor month-to-month for a myriad of reasons: security, Landlord insurance, agent commission.

  • Happyjameson on 04/04/2017 - 09:10

    I think we need to know if there is an ongoing cost for the bin service, as previous post states, in Brisbane there is an ongoing cost. My council has a free service, you need to call them and tell them you want your green waste collected but you can bundle it up, put it in cardboard boxes or purchase a bin from them. There is no ongoing cost.

    If there is no ongoing cost where you are it makes no sense for the landlord not to purchase a green bin, even if you do vacate the green bin will stay with the property.

  • pjcook on 04/04/2017 - 09:27

    The response is likely not even from the Landlord, the Agent will get a signing bonus is they sign you up to a new lease.

  • Ken1977 on 04/04/2017 - 10:52

    Just put the green waste in your neighbours bins. If I have any extra waste (green or rubbish) and it's bin night and my neighbours bins have free space, I say it's free for the taking.

    • Darron65 on 04/04/2017 - 11:55
      +1

      Agree, but I would ask first. Technically it could be called theft of service.

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