Been Forced to Find a Replacement When Moving out of Sharehouse

Williwill on 24/08/2017 - 20:19

Hi I rented a room and signed a contract (printed document they invented) that says I need to find someone to replace me when moving out. I didn't thought it would be a problem but days after living in the room I found out there is lots of noise, I don't have space for my stuff in the refrigerator as the others have too much stuff, the expenses are paid in a way I still don't understant, etc. I did ask the guy leaving all this before moving, but he lied to me, he was desperate to leave the house and needed another fool to take over.

I'm having problems finding a replacement and each day that passes by I'm losing money and have lot of stress. They have the bond and I will probably lose it if just leave. I have been looking for information on internet but seems there is no much, I'm a subtenant, with this contract that was invented informally by the headtenant I dont seem to have much protection. They can deny returning the bond and I'm fcked.

Is there anything I can do? Any help very appreciated

Home & Garden

Comments

  • oscargamer on 24/08/2017 - 20:36

    what state are you in?

    talk to your local state rental helpline people tribunal legal aid thing

  • SydStrand on 24/08/2017 - 20:48

    Unless it's legally binding, it's more-or-less a handshake deal.

  • garetz on 24/08/2017 - 21:23

    Why would you sign something like that, but it definitely is not legally binding. If they have not lodged the bond then they are not acting legally either.

    • sareth on 24/08/2017 - 21:29

      If he signed the contract, how is it not binding?

      • garetz on 24/08/2017 - 21:37
        -1

        You can sign anything, doesnt make it legally binding. They could have put you cant move out unless you stand on your head then do the moonwalk, doesnt mean a thing. It is not your responsibility to find a replacement tennant when you choose to move out, in fact it sounds like they gave the op no choice, which voids the contract, cause it was signed under duress.

        "Duress occurs when a person is influenced to sign a contract under pressure. Duress can be applied when a contract is made or when a contract was modified. Typical examples of duress include threats to personal liberty, threats of actual violence, and excessive economic pressure."

        Pretty sure it falls under the excessive economic pressure, as you cant move out when you wish to.

        • Almost Banned on 24/08/2017 - 23:08
          +3

          Where'd you get your law degree from garetz?

        • altomic on 25/08/2017 - 08:21
          +1

          Garetz - Can I quote you to get out of the house I just bought?

        • sareth on 25/08/2017 - 20:17

          as you cant move out when you wish to

          Duress can be applied when a contract is made

          So duress doesn't apply.

        • garetz on 26/08/2017 - 00:15

          @seanmurphy1994: I don't see your thought process here. The contract states he must find a replacement if he is to move out, that was entered when the contract was made. That is part of the contract, the fact that that stipulation in the contract makes it so he cannot move out when he wishes, is the duress. It doesn't matter when he wants to move out, all the matters is it was added when the contract was signed.

          What you are insinuating has no relevance.

        • garetz on 26/08/2017 - 00:15

          @altomic: Did they ask you to stand on your head then do a moonwalk before you take ownership ? If so go ahead and quote away.

        • sareth on 26/08/2017 - 10:21

          @garetz:

          Duress by definition is only applied when the contract is made. Some form of "duress" included in the contract is not duress, because you voluntarily agreed to it. The whole point of duress is that you couldn't voluntarily agree to it. What you are insinuating has no relevance.

      • Some Guy on 25/08/2017 - 00:46
        +1

        Unless the "Head tenant" actually owns the place, I'd say it's not legally binding. Not getting a receipt for the bond is also a pretty good indicator too.

        Go to the rental agent or the owner. I suspect they'd take a dim view on subletting.

        If that doesn't work, hold some interviews with replacement candidates. Lie about the rent, conditions, etc and only interview the worst of the worst. Makes sure the meet the other housemates.

      • ThithLord on 25/08/2017 - 09:01

        It could be "legally binding" but would not hold it's weight in court. I'm assuming that's what Garetz was inferring.

  • Euphemistic on 24/08/2017 - 21:29

    You aren't living with Dr Cooper are you?

  • rack on 24/08/2017 - 21:31
    +1

    Just stay on without paying rent till your bond runs out and then move. They can't force you to evict due to non payment. I guess the bond will cover you for 4 weeks.

    BTW the issues you mentioned are very minor. Maybe a housemate meeting should be on the agenda. What you perceive as being noisy may be normal to others.

  • Donaldhump on 24/08/2017 - 23:12
    +3

    Eat their food
    Leave poo on toilet seat
    Play slayer at 4am

    You will get evicted in no time with bond returned

    • Steptoe on 24/08/2017 - 23:37

      I think that guy lives there too.

    • hm on 24/08/2017 - 23:58

      +1 for Slayer

    • Some Guy on 25/08/2017 - 00:28

      +1 for poo on the toilet seat

      • Euphemistic on 25/08/2017 - 08:40

        too bad if you need to go again before someone else does.

        • Nice one baby on 25/08/2017 - 21:02

          No problem, just pop besides the first poo.

  • Steptoe on 24/08/2017 - 23:43
    +2

    Firstly, talk to the head tenant for explanation and raise your concerns.

    Failing that, you have rights as a sub-tenant in NSW.

    https://www.tenants.org.au/factsheet-18-transfer-and-sub-let…

  • altomic on 25/08/2017 - 08:22
    -1

    Bikies

  • altomic on 26/08/2017 - 00:28

    how much is your bond?

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