Landlord Showing up with No Notice

KimProbable on 24/01/2019 - 19:50
Last edited 24/01/2019 - 20:44 by 1 other user

To summarise, my landlord has shown up unannounced on three occasions, every time outside allowed hours and with no notice.
Each incident caused me to have a panic attack and cry and he just refuses to leave.
My dishwasher has been broken for 7 weeks.
My tiles had been broken for 4 years.
My tap had been broken for 2 years.
The only reason he is making repairs now is because he has just sold the place.

Can someone please give me advice on what I can claim for compensation? How much is reasonable?
I want to make him pay for all the emotional distress he has put me through and for not repairing anything. He is the worst landlord I have ever had and an awful person.
Please tell me about your experiences claiming compensation through VCAT and any advice you might have for me.

Background info:
My landlord has thrice shown up outside of legal hours (7pm, 6:40pm, 7:45am) and given me no notice he will be coming.
The first instance, several years ago, he came into my house and started criticising the state of things and accusing me of damage. As soon as he left, I had a panic attack and cried on the phone to my mum.
I complained to my real estate agent and the reason they gave me after they spoke to him was 'He's macedonian, that's how they are.'

This past thursday he showed up at 6:40pm when I was alone and in my pajamas, asking what brand my dishwasher was (it has been broken for 7 weeks now), making inane conversation and joking about how he has taken 4 years to fix my porch tiles which are falling apart. Again, I was very angry and upset and felt my privacy violated.
The following day I complained to my real estate agent's manager and was not given any empathy and not taken seriously.

Tuesday morning, I was due to start work at 8am, and he showed up at 7:45am with tilers and knocked on my door to ask for a power lead for the tile cutter. This time I told him flat out he is breaking the law and he needs to leave. I told him he can't show up without telling us and this is illegal. He laughed at me and told me he didn't care, he had to fix the tiles today (it's been 4 years), and acted like I was being silly and refused to leave until the job was done.
I went inside and had a panic attack as I cried on the phone to my boyfriend. My boyfriend was furious and asked me to pass the phone to the landlord. Despite this, he still refused to leave. As a result, I was 2 hours late for work because I refused to leave until he had gone.

My real estate agent is accepting no responsibility because he didn't tell them he was coming.

Home & Garden Rental Property

Comments

        • Eeples on 25/01/2019 - 17:43
          -1

          Right, the OP has mental health issues because she had allowed herself to be intimidated by 3 men (1 of which who has a history of disrespecting the OP), 2 with power tools who appear suddenly uninvited at her doorstep early in the morning.

          Good grief.

          • HighAndDry on 25/01/2019 - 18:01
            +2

            @Eeples:

            Right, the OP has mental health issues

            No… OP has mental health issues because she has said in this thread that she has mental health issues.

            she had allowed herself to be intimidated by 3 men (1 of which who has a history of disrespecting the OP), 2 with power tools who appear suddenly uninvited at her doorstep early in the morning.

            Oh please, save us the melodrama. They were tilers, with tile cutting equipment, for the obvious task of cutting and replacing tiles. Nothing in the OP mentions anything about them doing ANYTHING to intimidate her. And the one "with a history of disrespecting the OP"? He turned up once to do a surprise inspection - absolutely unacceptable and egregious, but he's respected her literally for years since then and hasn't repeated the behaviour at all. Oh, and he dropped by to ask the brand of the dishwasher and have a chat - oh how disrespectful.

      • pformag on 25/01/2019 - 13:10
        +4

        my comment was not meant as a joke. I really hope she can get some help in dealing with anxiety.

  • So Was Red on 25/01/2019 - 13:05
    +1

    My landlord shows up without warning on occasion, he's cool though, sometimes he brings his xbox

    • drfuzzy on 25/01/2019 - 13:52
      +8

      That's your dad.

    • Dreamcast on 25/01/2019 - 14:06

      Is that a euphemism? ;)

  • Dreamcast on 25/01/2019 - 14:06
    +2

    Tracey Grimshaw.

    Look, you're in the right to be upset, angry, etc. Going through the process for compensation will most likely make you breakdown more. Don't waste your time.

    Why did you not move? If not feasible, why did you not tell the agent this is not acceptible going forward after the first time and make sure they advise the owner it's not acceptable. If only it was via email. Learn from this in case there is a next time, you simply send an email and ask them to respond via email only.

  • armdrags on 25/01/2019 - 15:14
    +2

    If the landlord show up unannounced you have the right to tell them to leave since they didn't provide you with a written notice. If they don't leave just call the police to come and charge them with trespassing. Very simple and easy solution.

    • highdealer on 26/01/2019 - 16:32
      +1

      Yes, very simple and easy solution but it doesn't seem so to the OP. Instead of doing these very easy and simple step, the OP choose to:

      Give the landlord access to power extension

      Call her boyfriend instead of police

      Wait there for the landlord to finish up, knowing she will be late for work

      Now she want to claim compensation for lost wages and emotional distress. What the landlord did was not professional, but it was certainly not illegal.

      • Klogg86 on 26/01/2019 - 18:14
        -2

        Technically it is illegal. The law states a tenant must receive 24 hours notice before a landlord enters, for Victoria anyway.

        There is also a mention in the residential tenancies act stating the tenant has a right to quiet enjoyment of the property. Having a landlord Rock up unannounced runs counter to this

        • armdrags on 26/01/2019 - 20:40
          +2

          I don't think it's illegal. The tenant didn't exercise their right by refusing the landlord's entry to the property on this occasion. It seem the landlord was granted entry into the property by the tenant. The tenant should've called the police when the landlord refused to leave on this occasion.

        • highdealer on 28/01/2019 - 02:11

          Except the landlord didn't enter, he knock on the door and ask for power extension to fix the porch tiles which the OP complied.

          It is not illegal to knock on the door to ask for something, otherwise sale/charity/religious knocker would all be outlaw.

          Are you going to have a panic if attack kid show up unannounced and ask you if you have seen their pets around the neighbourhood?

          When someone knock on your door, you do have the right to tell them to leave and if they don't then you can call the police which the OP didn't do.

          • Jabba the Hutt on 28/01/2019 - 14:33

            @highdealer: According to her, he was first told to leave twice, no? When she did so, which he "laughed at", and then by her boyfriend when she handed her phone to the landlord, after which he still refused to leave. That left two choices - give in and make a complaint later, or call the cops. I don't think a tenant can be faulted for going with either option in this situation.

            Can you explain what you meant when you said "what the landlord did was not professional, but it was certainly not illegal", while at the same time suggesting the tenant should have called the cops?

            • mychips on 31/01/2019 - 15:15

              @Jabba the Hutt: The tenant has the right to refuse entry in that scenario because notice wasn't provided 24 hours in advance and there wasn't an urgent reason like a fire or something. That said, he didn't enter so he didn't do anything illegal. If he did, the tenant could call the cops to tell him to leave. OP is not entitled to compensation in ANY case.

  • eggles01 on 25/01/2019 - 15:42
    +1

    GOOGLE ""TENANTS UNION IN AUSTRALIA"" or "tenants union in your state or territory" landlords must give at least 24 hours notice for anything unless it is a URGENT visits for URGENT repairs,all your questions should be available on their web page or their contact details will be there,

    I had some problem with the managers of my Public Housing and I told them via email that I required them to contact me via email or Person to Person Signed for post,I also told them that phone calls,letters just dropped in my letter box or any other form of contact (including arriving at my premises and knocking on my door)I will not recognize that or any other form of contact"apart of Email or Person to Person sign for registered mail,
    example:I have just received an email from my managers informing it is time for the annual fire alarm testing,they asked me to let them know when they could tell the testing people when they could ring me to make the visit appointment,before I got up onto my hind legs the email was "WE HAVE MADE AN APPOINTMENT TO HAVE YOUR FIRE ALARM(S)IT IS ON THE WHAT EVER DATE AT WHATEVER TIME"they choose, when you sign the lease those premises become your home,

    regards

  • eggles01 on 25/01/2019 - 16:29

    I cannot see anything connecting to compensation,this is your (Tenant) rights of you and your home,I would also check if the Landlord has any rights also as you would have signed the lease with your real estate person,it maybe that the landlord may not have any rights to approach your home it maybe that the real estate agent should be the one to contact you about someone coming to repair what is needed to repair,they cannot force you to lose work and the only option is to do it "in out of hours including times that you do not work such as weekends"
    when you signed your lease did the real estate agent give you a booklet about renting which include "both your rights and including the agents and any landlords rights"if they did not I believe that could be a breach of their requirements and a breach of the tenants rights"as I said you have to contact your local/state/territory branch of The Tenants Union and they will let you know what and if any of your rights have been breached,
    with some of these comments left here are utter garbage they appear as if they just make them to berate people just like you and others in your position,

  • Ononono on 25/01/2019 - 17:36
    +6

    3 visits in 4 years isn't even that bad, my old landlord would come by almost every month to fix or inspect something. If your anxiety is really that severe and a knock on the door reduces you to tears, you should not even be living alone tbh.

  • CalmLemons on 25/01/2019 - 18:06
    +5

    In life it helps to not only understand yourself but also attempt to see things from the other persons perspective. You will seldom get a circumstance when all parties of a circumstance are 100% satisfied but may at least get to a sufficient percentage of satisfaction so people can live on and get past their first world problems.

    Legally, the landlord is wrong. Spending more time chasing down the landlord, angst and frustration I doubt will benefit you much in the long run. He is not visiting you everyday, has come into the property to try to fix something. Yes, he should give you 24 hours notice, but you cannot teach an old dog new tricks. I'm sure someone can word this better but look, running to the law or the next adult may not be a long term solution in order to get things fixed in the broader scheme of things. My neighbour is 70+, Greek and loud. He does things sometimes that are quite annoying and well beyond municipal law. I stop, bite my tongue, take a deep breath and think, it's not really a real issue, he is old, this is how he does things, I'm not going to down to the local council and get the council officer to then send an e-mail or letter to a 70 year old pensioner to get him to change how he has been doing things for the past 50 years and re-educate him.

    The law is a last resort when in mild situations: 1. You don't know how to handle the situation 2. You don't know how to properly speak to the other person to get them or both of you to come to a suitable agreement.

    No one is here to give you a psych lesson but I would recommend you do some reading to broaden your perspective and how to deal with people.

    The internet is probably the worst place sometimes to get advice as often it brings out the worst in people when you are behind a computer screen. Very often what is said online would definitely not be said in person. They call it mob mentality. Will give any person anxiety. Like twitter, evil evil place.

    • Jabba the Hutt on 25/01/2019 - 22:09

      Wise words. The OP can take comfort from the fact that had a landlord come here complaining about a tenant on the same facts, and cited age or ethnicity in explaining their behaviour, they'd have been ripped into for their antipathy toward the rules just as the OP has today been picked apart for their failure to be more accommodating irrespective of mental health issues.

      It's confusing, but that's the Internet and its playbook. Just remember it's not really about you, much as it tries to pretend it is.

  • Fier2 on 25/01/2019 - 21:44
    +1

    I don't have any advice regarding your landlord or compensations. But, how are you feeling? I used to have severe anxiety and have to be follow by a psychologist for 2 years as i learnt that panick attacked can be really harmfull if not under control. So, if you can reach to your gp and ask for advice it would really benefit you and make your life much more easy. I 'm just so sorry to hear that you go through so much anxiety with your landlord and hope you will be able to move on soon. Good luck!

  • simonjb on 25/01/2019 - 21:46

    Okay how about grow up, stop crying and buy your own house.

  • Rohangiga on 25/01/2019 - 22:18

    I know it can be hard but you need to stand up for yourself, if he shows up announced tell him to gtfo or your calling the police and he should come back when a required notice is given

  • parsimonious one on 25/01/2019 - 22:49
    +2

    One of my lawyer friends tells me the first thing when seeking compensation is to prove there has been some sort of loss (actual tangible quantifiable loss)

    In OP’s situation at most it would be 2 hours work that was “lost”. How much is that worth in compensation? $60-100.

    It’s likely that you’d spend several hours or more going through VCAT and that’s assuming they accept that your landlord is responsible for your choice not to leave to go to work on time. Plus you’d likely need to prove that your pay was actually docked.

    Doesn’t seem like much of a case.

    I am not a lawyer mind you so you could see a professional though I wager that will set you back more than $100.

    I think you could have the landlord reprimanded for not giving adequate notice to enter but I doubt you’d get much more than that.

  • LUTSlit on 25/01/2019 - 23:02
    +1

    You should claim about 2 million. That should cover your emotional distress, right?

  • [Deactivated] on 25/01/2019 - 23:16
    +1

    Sounds like you have severe emotional issues that you should sort out instead of wasting time with the Macedonian. Life gets much easier if you aren't so sensitive to everything.

  • Hirolol on 26/01/2019 - 00:04
    +2

    Sounds over dramatised

  • ItchyBallsack on 26/01/2019 - 09:18

    Get your bf to give the land Lord a good smack

  • congo on 26/01/2019 - 10:44
    +1

    It isn’t that bad. There are a lot of bad owners and agents.
    For example when I moved out of an apartment in Canberra Turner, I spent weeks cleaning and even hired a professional cleaner. I left the place spotless.
    However the agent (Place Real Estate) still took $380 for end of lease cleaning from the bond.
    The next apartment I moved to in Woden, the owners sold the apartment after a few months of me moving in and I have to vacate as the new owners wanted to moved in. The new owners took $100 for cleaning from the bond, even though the apartment was spotless.
    On both occasions I never received a receipt for the cleaning so I think they ripped me off.
    I was new to renting back then and I didn’t know any better…

  • [Deactivated] on 26/01/2019 - 11:23

    lolwut

  • HeWhoKnows on 26/01/2019 - 14:01
    -1

    OMG
    Dear OP. Just GET OUT OF THERE!

    YOU caused YOURSELF such emotional distress by not choosing to leave sooner.
    Nobody forced you to stay there or put up with all your complaints.

    Just put it behind you and move on.
    PS You forget to mention the super cheap rent you are paying!

    • ladybug1 on 26/01/2019 - 19:29

      Where does she say the rent was cheap, did you just make that up?

      • armdrags on 27/01/2019 - 03:01

        When did they mention they are a she? Did you just make that up?

    • MessyG on 27/01/2019 - 22:56
      +1

      Yeah nah I think that would be the guy showing up to their house with a key anytime he wants in spite of some very clear law on this causing the emotional distress.

  • maddoggie101 on 26/01/2019 - 14:34
    +3

    You sound like a fussy person who makes everything ten times more serious than it actually is.

    You landlord showing up without telling you was illegal indeed, but had an panic attack? Crying to your mom on the phone?

    If you don't like it then move out, if he refuses then go through legal process and if anything you've said were true then must let you go, then he must compsenate you.

    Three times and still staying there with your panicking problem, what a joke.

  • maddoggie101 on 26/01/2019 - 14:36

    Also I feel sorry for your boy friend.

  • BoomTetrisForJeff on 26/01/2019 - 17:49
    +1

    Dramatic

  • Klogg86 on 26/01/2019 - 18:09
    +1

    Do yourself a few favours:

    1) take the time to fill out the non urgent repairs form from consumer affairs:
    https://www.consumer.vic.gov.au/housing/renting/during-a-lea…

    Use the wording and instructions they suggest.

    If everything is not fixed or at least in progress within 2 weeks, call consumer affairs. Nothing worries a property manager more than having to rock up to VCAT and get their ass handed to them.

    2) Take the agent/landlord to VCAT for not giving you 24hrs written notice before entering (this is law in Victoria). You'll get some form of compensation.

    Between these two things, you'll have a landlord that's more obedient than Lassie. I did it many years ago and it worked a treat.
    As the saying goes, talk softly and carry a big stick.

  • howsthat on 26/01/2019 - 18:21

    Wow, I think you will be pleased to see the back on this landlord. Not knowing the Vic rules, but check to see if you are able to seek partial refund of rents paid, for the inconvenience of the broken things in the house, this would most likely be through the tribunal and a small fee may apply. As for the real estate, most are as bad as the other. I suggest besides the phone calls to report things, follow up with emails, so you have it in writing.

    "With My tiles had been broken for 4 years", did this cause a danger/hazard. With "My tap had been broken for 2 years", was it leaking? If so, were you paying for water?? I'd definitely follow up on it. Have a read here: https://www.tuv.org.au/advice/the-tribunal/

    Hope your next landlord is a much nicer one and abides the laws/rules.

  • ladybug1 on 26/01/2019 - 19:30
    +1

    Sorry some people are being so mean, OP. Anonymity tends to do that to people. I don't know if you'll get compensation, but you can likely file a breach notice anyway.

    • MessyG on 27/01/2019 - 23:00
      +1

      I honestly think some people are so confronted by displays of emotion that it makes them giggle uncontrollably or do the Ozbargain equivalent in response (which is to just write stupid stuff in response).

      • ladybug1 on 28/01/2019 - 04:10

        just asking, you're not the MissG from Vogue back in the day?

      • HighAndDry on 29/01/2019 - 13:04

        There are displays of emotion, and then there's "breaking down and having a panic attack" because your landlord had a quick chat about your dishwasher.

  • JamesP88 on 26/01/2019 - 23:48

    Contained within your TOP 5 'most stressful' issues, is a 'broken tile'. Really ?

    If you have an issue with the property which impacts your ability to live in it, then you have a legitimate case.

  • [Deactivated] on 27/01/2019 - 13:02
    +1

    LOL IM MACEDONIAN AND THIS IS EXACTLY HOW MY PEOPLE ARE

  • dpr on 27/01/2019 - 14:53

    Sounds like the premise to a horror movie.

    You better get out Kim - before it's too late.

  • MessyG on 27/01/2019 - 22:58

    Break your lease. You've got grounds. (Obviously ring the tenants union and confirm). You wont get compensated by VCAT for this but if you want to hurt this a**hole in the wallet, then break your lease and refuse to pay a cent more in rent. Landlords are not allowed to do this, I would call the cops next time frankly, it's a big violation of privacy and if he's treating you like you're being 'silly' for being upset about it, then that's even more of a big red flag (it's called gaslighting, stand your ground against it).

  • davel on 28/01/2019 - 14:02
    +1

    LOL damn Macedonians….

    Yes he hasn't followed the proper procedure, but I think your panic attacks are your issue not his…. But again its 2019.. Go sue him, good luck with that!

    Chances are new landlord will be better, but then again chances are tenant has stayed there for years because a factor might be rent is cheap? Good luck with new owner, probably new agent and highly likely a new lease with a market rent review.

  • mychips on 31/01/2019 - 15:13

    I had a landlord that wouldn't remove the mould in the bathroom after the fan broke. There was even a hole in the ceiling that resulted from a leaking roof. That is a real problem and legal aid/tenancy union at the time said it would be difficult to get compensation as you need to prove all sorts of stuff before you could get it. I eventually left and just put it behind me rather than fight and waste my time.

    Your problems are quite minor, suck it up and move. Don't bother wasting your time trying to get compensation because you won't get anything (nor is your problem serious enough to claim anything).

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