I Am in Desperate of Rental Legal Advice

ManWithTwoCats on 29/12/2018 - 15:46
Last edited 29/12/2018 - 15:55 by 1 other user

First of all, I do not speak English as the first language so please bear with my (profanity) English.

Hi,

Yesterday was this sub tenant`s moving out. So I had to have an inspection before he leaves. There were a crack and a dent on the wall, several damaged, I guess it's red wine, carpet and the whole room was filthy and (not) cleaned at all.

Furthermore, He did not make the last 9 days of rent before he got kicked out. I even showed him the bank transaction history that He owes me 9 days. I mentioned to him bond will be given when I get the advice for repair from my property agency cuz I am renting this unit as well.

Then he started to accuse me that I am trying to steal his money. I explained to him that I do not have my rights to do that. I do only get transfers to make legal ground between myself and sub-tenant and give them invoices as well and he wanted to leave my place without making the payment and having any responsibility to clean and repair.

After some arguing, he called up police and I got charged in common assault. I explained to officers that I did not push him but I mis-admitted at the first time. However, I kept mentioning I was standing in front of him and he bashed on me and he got pushed. But my facts sheet saying I am trying to change my story. So this is why I was arrested. Thanks to the guy, Now I need to attend a court and need to repair the carpet and wall.

Anyway, He did not even return my keys which are my unit door access key and digital apartment, car park and floor access key.

This toilet is where I am currently drowning at the moment. So I would love to hear what I should make any action from this case.

For your information, I have lodged a complaint to the officer for accusing my side of the story is not trustable despite the victim drank alcohol and his story was not straight. And made a case of drug abuse cuz I found a used injection without any label. He often told me he takes anabolic steroid from his father or his close friend who manufacture illegally.

Thanks for your time.

Home & Garden

Comments

  • 87percent on 29/12/2018 - 16:05
    +23

    If you're drowning in the toilet, you have bigger problems than needing a rental advice… Sorry that's all I read

    • ManWithTwoCats on 29/12/2018 - 16:10

      nice one lol

    • [Deactivated] on 31/12/2018 - 09:56

      Even more problematic, if toilet was not flushed prior to the drowning :/

  • dcep on 29/12/2018 - 16:06
    +6

    i think you need civil legal advice

    go legal aid ,

    or bikies !

    • ManWithTwoCats on 29/12/2018 - 16:17

      yeah I will make another case on tribunal but I am just worrying the cost and time to prepare.

      • follow on 29/12/2018 - 16:48
        +2

        shouldn't have talked to the police.
        if they decide to arrest you, then speak to a lawyer.

        • ManWithTwoCats on 29/12/2018 - 16:55

          I tried to reach my lawyer who is my uncle but I guess he went out somewhere. I could not get any advice at that time

          • dcep on 29/12/2018 - 17:52
            -8

            @ManWithTwoCats: Did miranda talks to you about you have the right to remain silent. Anything you say will be used against you in a court of law. You have the right to have an attorney. If you cannot afford one, one will be appointed to you by the court.

            • Scantu on 30/12/2018 - 23:36
              +3

              @dcep: There are no Miranda rights here that's an American thing

              • HighAndDry on 07/01/2019 - 12:38

                @Scantu: While true, you do have the right to remain silent, and it's always a good idea to remain silent to the police until you've spoken to a lawyer if you're accused of something (and often even when you haven't been accused of anything (yet)).

        • [Deactivated] on 29/12/2018 - 18:11
          +12

          This. Never speak to police. It can never work in your favour.

          • ManWithTwoCats on 29/12/2018 - 20:44

            @[Deactivated]: yeah but too late… I tho they would have an interview to have a common ground and try to make things clear not fabricating evidences and accused side of story

            • [Deactivated] on 29/12/2018 - 20:46
              +1

              @ManWithTwoCats: Always a next time.

            • [Deactivated] on 31/12/2018 - 10:01

              @ManWithTwoCats: Did the police get an interpreter for you ?
              Sounds like a miscommunication, a confusion by police, you might have changed story, but you did this by accident.
              Talk with your uncle as soon as possible
              I am not a lawyer, your uncle is.
              If your uncle understands your native language ? Type on computer or write on paper, everything that occured, be very clear and detailed, send this to uncle via post and/or email

    • Neptunesblood on 31/12/2018 - 18:12

      @phunkydude this person is asking for help and you make a pathetic comment about calling up bikies. Unbelievable.

      • dcep on 31/12/2018 - 20:20
        -1

        I guess you missed out the seek for legal aid part

        Happy New Year !

  • Ocker on 29/12/2018 - 16:33
    +1

    I am guessing you did not have a formal lease in place with the tenant?

    • ManWithTwoCats on 29/12/2018 - 16:42

      as in written agreement? no but I do have bank history and invoice stating rental period

      • AlanHB on 31/12/2018 - 10:11
        +4

        Where is the bond money? Isn't it usually lodged with a legal authority of some sort, to avoid this exact issue?

        If the lease isn't in writing, and the bond isn't lodged with an authority, I have a feeling that you have no legal rights under the Residential Tenancies Acts here.

  • o53djz7qTPY4der on 29/12/2018 - 16:50

    It sounds like you're up shit creek…

    • [Deactivated] on 31/12/2018 - 10:02

      Someone throw the man a dunny roll as a lifesaver xD .
      Before his life is flushed away .

  • Hithere on 29/12/2018 - 17:03
    +1

    You have some serious legal issues and you are posting on an open Internet forum? Unbelievable.

    Do what normal people do and see a Legal Aid Lawyer if you qualify for one.

    If not, many Lawyers will give a short consultation for free.

    If you are drowning in the toilet you are really in the S**t.

    • ManWithTwoCats on 29/12/2018 - 18:32
      +2

      Well I ve been looking for some cases and laws related to my situation but no where legal aid is open today so I decided to ask here

      • [Deactivated] on 31/12/2018 - 10:07

        no where legal aid is open today so I decided to ask here..

        Its ok to ask but you must remember, nobody here is a lawyer, and sounds like you have a lawyer that will help you for free, your uncle.
        Also when legal aid is open, contact them.
        Also, you probably have some community legal centre, near you. But seems you would need an interpreter. Maybe you have a friend with very good english that could be your interpreter? Legal aid would probably pay for an interpreter, but might take more time to organize than just have a friend with very good english, come with you as interpreter.

        • Wallyt99 on 31/12/2018 - 17:39
          +1

          To be fair somebody here might be a lawyer. But they probably wouldn't be the ones giving advice.

  • garetz on 29/12/2018 - 17:35

    If someone walks into you and you stand your ground, he is attacking you and you are defending yourself, with your limited english it must be difficult to explain, you need a lawyer asap, especially if you have been charged with assault.

  • Ughhh on 29/12/2018 - 17:56
    +2

    You need a lawyer or at least someone fluent in English to speak on your behalf in court or to the police, so you don't further incriminate yourself.

  • grog on 29/12/2018 - 17:58

    Judge Judy

    • 87percent on 29/12/2018 - 18:05

      Judge Kyle Sandilands here…

    • tessel on 31/12/2018 - 07:49
      +1

      Better Call Saul!

  • [Deactivated] on 29/12/2018 - 18:13
    +4

    Don't speak to the police any further. Get a lawyer to act on your behalf asap. At the very least, they can get all your statements removed due to language barrier.

    • [Deactivated] on 31/12/2018 - 10:09
      +2

      can get all your statements removed due to language barrier

      this

      And maybe lawyer can make new statements (with proper interpretation into english) or make statements in your native language, only if your lawyer helps with correct statement.

  • Almost Banned on 29/12/2018 - 18:13
    +1

    Does your lease even permit you to sub-let?

    • ManWithTwoCats on 29/12/2018 - 18:31

      yes I have spoke with agent when I was renting my unit

  • kizashi on 29/12/2018 - 19:38

    I would cut losses, and treat it as life experience. Hard if your not at fault, but more trouble than it's worth trying to recover situation.

    • [Deactivated] on 29/12/2018 - 21:51
      +1

      cant cut your losses on an assault charge.

  • Davo1111 on 29/12/2018 - 20:57
    -4

    After some arguing, he called up police and I got charged in common assault.

    stopped reading there.

    shut your mouth. PAY to see a criminal lawyer

  • qwerty on 29/12/2018 - 21:25
    +2

    Did you do a walk through noting property damage before renting the room out the same way your real landlord did with you ? I doubt it so unless you can prove the damage to the wall is fresh you got nothing - the wine spill you might win at but again it will be he said she said .

    I would be prepared to just get the room cleaning expenses and nothing else - he can claim he felt threatened and left early / didnt clean .

    The criminal matter is another issue legal aid will push you to claim that you are guilty but had mitigating circumstances - because this is easier for everyone involved and ties up less court time. What you are saying is that yes you pushed him but X, Y Z happened - and you might just get a slap on the wrist / fine for it .

    The rest of the nonsense about him allegedly being drunk and on steroids is not relevant and you should not bring them up at the civil or criminal hearings .

    • ManWithTwoCats on 29/12/2018 - 22:21

      Yes, I did mention to him that let me know if there is any damage occurred when he moved in but it was verbalised and he is the one always complaining about how shared bathroom with other tenants are not clean or something is wrong. I got his pattern and I have previous tenants who can testify about him.
      Also I found the photo that there was a finger marks on the day he moved in. I took the photo to tell him if there is any issue, send me a photo like this.

      He has a lot of episodes with arguing his relatives inc girlfriend and tenants who used to live in my unit. During his 8 months staying, 3 people left because of him complaining about his toothbrush moved from right to left every week. And He often bragged about conflicting with other people, so prop on the records, he had a lot of arguing with strangers and made them charged like me or threaten a lady with a dog in my apartment.

      Physically I did not touch him my own. I was standing on my feet and did not charge him to push. He ran into me and he got pushed himself.

      I do understand about drug use are not relative to this issue but I have reported for using the illegal drug without prescription separately.

  • whooah1979 on 29/12/2018 - 21:39
    +2

    So this is why I was arrested.

    You need to contact a solicitor.

    • ManWithTwoCats on 29/12/2018 - 22:23

      Yup I will. I have sent some emails

      • Davo1111 on 30/12/2018 - 13:59
        -1

        I hope you haven't explained the situation over email

  • elgrande on 29/12/2018 - 23:27
    +2

    If I were you I would focus on defending the criminal charge and just chalk the loss of rental monies / repair costs up to experience - or seek to recover it after the criminal charges are sorted.

    The criminal charge will have much worse consequences in the long run. Find a decent lawyer you may be able to beat it or get a section 10 atleast.

    The keys are a bit of an issue.

  • Speckled Jim on 30/12/2018 - 11:35
    +2

    There were a crack and a dent on the wall

    Opal Tower culprit found.

  • HeWhoKnows on 30/12/2018 - 11:46
    +5

    Keep all his money. You will need it.

  • Baysew on 30/12/2018 - 12:25
    +5

    I Am in Desperate of Rental Legal Advice

    I got charged in common assault

    I would be much more concerned with the criminal charge you are facing.

    • khell on 30/12/2018 - 22:39

      This… I didn't expect to read about an assault charge when I opened this thread.

  • DiscoJango on 30/12/2018 - 21:45
    +8

    real no fluff answer:

    op has learnt a harsh lesson: the police are not here to help you. as you have seen first hand, they will twist your words and use them against you. dont expect them to change their behaviour

    get in touch with legal aid/a lawyer and just go with the system. you have been screwed over, and it wont change/get any better.

    as others have mentioned, do not speak to the police. you do not legally have to. just say no comment. if you have a lawyer, get the lawyer to talk to the police. talking to the police will not benefit you in any way.

    also, if your a student/non permanent resident, consider how this potential criminal charge/record will effect your life. the implications could be huge.

  • Wally on 30/12/2018 - 23:20
    +1

    At least the cats didn't get kicked or sent to the RSPCA!

    • [Deactivated] on 31/12/2018 - 10:12

      The stain on carpet wasn't red wine… And 1 of the cats is missing ..

  • bobbified on 31/12/2018 - 00:11
    +2

    I tried to reach my lawyer who is my uncle but I guess he went out somewhere.

    Speak to this guy ^^ for advice when he gets back from wherever he went out to.

    • h4zey on 31/12/2018 - 09:16
      +6

      he met his uncle in the public space and his uncle is currently in the dilemma on whether or not to give him professional advice.

  • Lexan on 31/12/2018 - 06:42

    If you had a video footage recorded that would have saved you a big trouble. And to put that guy in a bigger trouble because he lied to police.
    Sorry this is happened to you. Suspect always gets away. Not fair.
    I hope you find a way out

    • Other on 31/12/2018 - 12:53

      who records inside their house? walking around in underwear :/

      • Lexan on 31/12/2018 - 13:07

        A mobile phone

  • Sofie519 on 31/12/2018 - 08:51
    +1

    The issue of sub tenants has always been so colorful. It's the risk you take, but on a legal point of view you have no right to hold a bond against a sub lease. In NSW, there can only be a max of 4 week bond held by NSW rental bond board (which is the primary tenant's bond), any other monies you held as bond are illegal and hold no weight against subsequent damage. If taken to court, you will simply have to return the bond monies, and take up a civil damages suit.

    To clarify, you may sub lease if allowed to do so by the landlord, but you may not hold a bond outside of the 4 weeks in accordance with Residential Tenancy Act. All legal bonds must be lodged to rental bond board.

    As for your criminal assault case, didn't you mention your solicitor is your uncle?

  • johnno07 on 31/12/2018 - 09:03
    +1

    If you're in desperate need of legal advice, you should get actual legal advice.

  • h4zey on 31/12/2018 - 09:14

    well seeing you already got charge for an assault and if you don't think you can get away from it then i guess it's time to make it real..

    Please note that i am not a lawyer so my advice might not be legal

  • [Deactivated] on 31/12/2018 - 10:17
    +3

    Be sure to have no contact further with this person at all.
    If he comes round to house or confronts you at any location , call police straight away.
    If you touched him at all, I believe that can be counted as assault. You are allowed to use "reasonable force" in self defence, to defend youself . If you truly were just defending yourself from attack he started or threatened attack, then you should be completely fine and charge should get dismissed in due course, if you speak with lawyer.
    I am not a lawyer, so all my advice is general in nature.

  • serpserpserp on 31/12/2018 - 14:18

    When I see the words "sub-tenant" alarm bells ring.

    Do the right thing and don't sub-let premises. This is usually not allowed in the leasing contract that you signed when you took up the lease.

  • TurkishDelight on 31/12/2018 - 15:44
    +1

    Just for 9 days of rent? Think about it if it was worth it and don't repeat the same in future.

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