[Help] Landlord take my room back

Gaugolf on 10/04/2018 - 18:36
Last edited 10/04/2018 - 20:23

Hi all, I just move to Melbourne 2 months . And I have the problem with my landlord.
In 3/4/2018 He noticed that he will return the house for an agent in 3/5/2018 so I have to move out in this day. My rent starts from 10/2/2018 .

and right now 10/4/2018 I say to him that I will move out in 28/4/2018 , and I only want to pay the rent from 10/4/2018 to 28/4/2018 but he disagree and want to pay to 3/5/2018.

So I want to seek the advice of all and how I can deal with the promblem ,
Update 1 :
This is my contract

https://drive.google.com/file/d/1o_vPn5kSi2IWYV4PpIb7al6rlWa…
https://drive.google.com/file/d/1KeKZrRblJS4IS0Bg73FU5e1DsYU…

2 : My landlord rent the house from agent, and because of he changes his mind so he break the contract with agent and return the house.That why I have to move out ,

3 : I just rent the single room in his house and I pay the monthly rent .

After arguing with my landlord ,he say just find any things like the rule, evidence that say I have the right to only pay the rent to 28/4/2018 unless i have to pay to 3/5/2018

Home & Garden

Comments

  • toniyellow on 10/04/2018 - 18:44
    +3

    Try tenants union victoria. https://www.tuv.org.au They have info in multiple languages available.

    When you talk to them be careful in being specific with some terms. e.g. are you renting a single room, like a boarding house situation, or a whole apartment / house?

    Also be very specific for dates. You gave him notice 'right now" that you want to move out on 28/4, does that mean you told him today? Thats only 2 weeks notice if so….

    • Gaugolf on 10/04/2018 - 20:25

      thank you and I uploaded my contract

  • [Deactivated] on 10/04/2018 - 18:45
    -4

    what did you do?

  • PissLUR on 10/04/2018 - 19:07
    +1

    My contract just says about the landlord or me have to notice 1 month before moving out.

    THIS.

  • SnoozeAndLose on 10/04/2018 - 19:18
    +1

    It is a fixed term contract or open term which no contract end date? It shpuld be 3 months notice by the landlord.

    Apart from that, I think when you have given vacation notice you can have choice to vacate within the month and pay only up to the date you vacate.

    If your landlord doesnt agree you will need to lodge complain via fair trading.

  • Randxyz123 on 10/04/2018 - 19:36
    +5

    I feel really bad for international students being screwed over by these dodgy landlords. After reading today about students living in the library because they can't get accommodation and now this. It really pisses me off that people think they can screw people around.

    It should be a rule that if you are living with the landlord there is usually some dodgy shit going on(seriously why else would you rent out rooms in your house to a bunch of students.??)… At least you have a contract half the time it's just cash and no written agreement.

    Pay rent till the day you move out, don't give him your new address… Get a P.O box and get mail forwarded there for a few months. If he kicks up a fuss tell him to piss off and read HIS contract.

  • Hybroid on 10/04/2018 - 19:43
    +1

    First, READ YOUR CONTRACT. You appear to have to give one month's notice reading from your post and the general norm. If you only advised him today then technically your departure date is 9th May 2018.

    Since he gave you notice first on 3rd April, you will have to leave by 3rd May and pay up to that date.

    Second, READ YOUR CONTRACT - Make sure he's allowed to give you one month's notice and when. Sometimes they can't do that before a minimum of 3 months has passed.

    Third, READ YOUR CONTRACT.

    • Gaugolf on 10/04/2018 - 20:11

      thank you. I uploaded my contract .

      • John Kimble on 10/04/2018 - 20:14
        +2

        Point 7 has names

      • Hybroid on 10/04/2018 - 21:10

        Unfortunately, your landlord is correct. Your contract clearly states you must give 30 days notice.

        You said:

        and right now 10/4/2018 I say to him that I will move out in 28/4/2018 , and I only want to pay the rent from 10/4/2018 to 28/4/2018

        So you have given him 15 days notice, not 30 days notice as per the contract. You must therefore pay until 03/05/18. Sorry but that's the contract you signed.

        • Gaugolf on 10/04/2018 - 21:59

          But he want me to move out before 3/5 . The promblem start because of him , not me

        • pjetson on 10/04/2018 - 22:29

          @Gaugolf: In your original post, you said that he wants you to move out on 3/5, but now you say that he wants you to move out before then. Which is correct?

        • Gaugolf on 10/04/2018 - 22:50

          @pjetson:
          Sorry about my english , He just noitice that i have to move out on 3/5 . ( 1 month after 3/4 - the day he noiticed)

        • Hybroid on 11/04/2018 - 12:26

          So he gave you 30 days notice which is generally correct. It's not a good situation but he has given 30 days notice. You did not give 30 days notice as per your contract. So he is correct.

          There's another different argument about your contract not having an end date or clause for him to notice or even if it's technically legal or not. I can't answer those and suggest you get some help from https://www.tuv.org.au/ like toniyellow mentioned earlier. Good luck!

  • robbyjones on 10/04/2018 - 20:25
    +3

    If you paid a bond there is a very good chance the rent from 29/4 to 3/5 will be taken out of it. This isn't a regular tenancy agreement and I have no idea of its legality. There is a fair chance that the lessor probably doesn't have the right to sub let rooms in the house s/he is renting. The easy thing will be to just pay until the 3rd or you could have a hard time getting any of your bond back. If you don't have a bond tell him to suck it and pay only until the 28th.

    • Gaugolf on 10/04/2018 - 20:26

      Unlucky, He hold my bond…

      • SnoozeAndLose on 10/04/2018 - 21:30
        +1

        He had broken the law ready

      • monkeybusiness on 10/04/2018 - 23:27

        So whats stopping you from just leaving early anyway and tell him to keep the bond money to cover up to the 28th?

        I would tell them to suck it because what they are doing is not right anyway. If their Agent found out they are subletting rooms, they will most likely be in breach of their rental contract with the Agent in the first place.

  • Quantumcat on 10/04/2018 - 21:02
    +4

    If the bond is cash just stop paying rent when the amount of bond equals the time remaining, then you can't lose

  • mbck on 10/04/2018 - 21:13

    Funny how people make opinions when they don't have all the facts….

    • canyoudoitcheaper on 10/04/2018 - 21:29
      +3

      OP has uploaded the contract. Advice was given. What else is there to say?

  • Zedsdeadbabyzedsdead on 11/04/2018 - 00:17

    Citizens advice.

  • mannu0101 on 11/04/2018 - 08:00
    +3

    I dont think your landlord can sublet the room to you given that he is also renting. You can check with the agent he is with, if their contract says he cant sublet, then his contract to you is invalid. You can move out anyday.

  • 973728 on 11/04/2018 - 09:06
    +3

    Realistically that contract is shoddy as ___. It's not using any state template, and it doesn't have any reference to what type of contract it is. When renting a room in the house, unless multiple rooms are let (rooming house) you are entitled to a proper rental tenancy contract. That said, there is some precedence around needing a lock on the door and the landlord not having free access to the room to differentiate between tenant and boarder. One thing you should do if you end up in similar situation is specify in the contract the notice period for the landlord. These are covered in state tenancy law, but depends whether you wish to push for them to use the proper form or not (I would).

    I'd ask yourself whether 5 days rent was worth kicking up a fuss over and risking him been difficult about returning the deposit. Again, I doubt the landlord has registered the bond with the proper authority (which is an offence), but I'd focus on getting my deposit back and allowing the 30 day stipulation to apply from the date of notice he gave (sounds like verbal) rather than your notice yesterday (also verbal?). Note notice to vacate or terminations should be in writing

    • John Kimble on 11/04/2018 - 09:28

      Yep, official ones are in font size 1 and stupid pages long

  • dasher86 on 11/04/2018 - 11:07

    I think OP needs to pay until the 03/05/18.

    Regardless of the reasons of why he asked you to move out (breaking his own contract / otherwise) he has give you a months notice period.
    If you want to move out earlier that is your issue.

  • BigBirdy on 11/04/2018 - 12:32

    My partner worked in the international unit of a Melbourne uni. We heard many stories of mistreatment of international students, both in housing arrangements and employment. The common thread was where the employer or landlord was from the same ethnic background as the student. Usually the arrangement was made outside of the uni, sometimes overseas, through websites or agents providing such services in the students native language, and cheaper than the more structured arrangements supported by the uni. Students end up abused, as unpaid labour, fed just rice and water (full board), packed into rooms and held hostage to their bond or homelessness.

  • eqv on 15/04/2018 - 23:09

    If your landlord has given you notice to vacate, then you should be able to leave by giving your landlord 14 days notice according to https://www.consumer.vic.gov.au/housing/renting/ending-a-lea…

    • Gaugolf on 17/04/2018 - 07:09

      Wow that what i need . Thank tou so much

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