Real Estate agent forcing to sign a renewal

LKassa on 20/11/2019 - 08:35
Last edited 21/11/2019 - 11:55

Hi Everyone

My lease renewal was expired and they didnt ask me to sign one when it expired. So it went as month to month…. Now the new agent is forcing me to sign another agreement for 12 months… because they forcing me via emails and sms's,, i have told them NO, and told them we are happy with the month to month…

They trying to show me as they are doing this for us, saying otherwise rent will be increased, and you can lock in the rate for next 12 months… But I am thinking they cant increase the rate as i am month to month, and as soon as i sign they will increase the rate

Should i keep saying no, or just sign it.. - i am not planing to move out…

I have now signed

Home & Garden

Comments

  • myusername on 20/11/2019 - 08:44
    +1

    poll option?

  • mrkorrupt on 20/11/2019 - 08:45
    +16

    they can increase the rent (within reason, as many times as they want) with the (required) notice in a month to month tenancy. They can even terminate you with the required notice period

    https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

    Frequency of rent increases
    Regularly reviewing the rent and increasing it by small amounts helps to keep it at or near the market level. This helps to avoid large increases that can cause the tenant to leave.

    Some landlords like to keep the rent below the market level in order to retain a long-term good tenant and avoid the costs associated with having the premises vacant and finding a new tenant.

    Also, be wary of timings when you increase the rent.

  • Ocker on 20/11/2019 - 08:46
    +15

    Month to month means they can increase the rent at any time

    • Typical16-bitEnjoyer on 20/11/2019 - 12:15
      +1

      Depending on location max once every 6-12 months however.

  • Ryanek on 20/11/2019 - 09:04
    +17

    I don't understand. Why do you think you can control the terms of your lease agreement?

    Your contract is over, they can kick you out anytime.

  • brendanm on 20/11/2019 - 09:08
    +7

    You are nuts op. The ball is not in your court

  • Seraphin7 on 20/11/2019 - 09:18
    +4

    They can't force you to sign a new lease.

    They can jack up the rent at any time subject to the required notice provisions in the absence of a fixed term lease.

    They can evict you at any time subject to the required notice provisions in the absence of a fixed term lease.

    The ball's in your court.

    • dcep on 20/11/2019 - 18:51

      You are nuts op. The ball is not in your court

      So the balls in whose court?

      • Seraphin7 on 20/11/2019 - 19:05
        +5

        I think we may be talking about Schrödinger's balls. Or court. Hard to say.

  • bobbified on 20/11/2019 - 09:21
    +11

    Just because they forcing me via emails and sms's,, i have told them NO,

    and

    i am not planing to move out…

    You seem to just want to be difficult for the sake of being difficult (without even having the correct info to play with!). If this pettiness backfires and they give you notice to vacate, you'll probably create another thread here to whinge about getting kicked out. * rolls eyes *

  • JimmyF on 20/11/2019 - 10:06

    But I am thinking they cant increase the rate as i am month to month,

    haha they can increase the rent as per the rules, ie couple of times a year normally with reason.

    Should i keep saying no, or just sign it.. - i am not planing to move out…

    I don't see why you're so against signing it if you don't plan on moving out?

  • Some Human on 20/11/2019 - 10:18

    Beware.
    They’re probably selling and want some poor sucker locked in there so they can collect rent while they take a year to sell it. That means you’ll have strangers walking through your house twice a week, looking at your things, disrupting your life. Happened to me one day out of the blue “sign this lease, will you?” I signed it, then couple of weeks later “by the way, we’re selling”
    I wouldn’t sign it if I were you. You want to be able to bail if this happens.

    • DingoBilly on 20/11/2019 - 11:47

      What…?

      They probably just want to assure they have it tenanted for a longer period of time. I have bargained with my landlord before saying that instead of a price increase, I would be happy to sign 12 months lease which they've agreed to.

      Perhaps landlord has run in with this tenant before as well and want to have more confidence as they currently seem a bit flakey.

      • Some Human on 20/11/2019 - 12:13

        There’s a lot of possibilities, this is just the one that stands out in my mind from personal experience. Just warning the OP that it is a possibility and it is a major inconvenience, especially if you are a very private person like myself.

    • Cheeper on 20/11/2019 - 11:47

      He would still have people walking through if a sale was pending under a month to month lease.
      Admittedly he could move out if it bothered him but he mentions nothing about leaving.

      • Some Human on 20/11/2019 - 12:20

        Every weekend +1 or 2 weekdays for a month? Not a big deal.
        Every weekend +1 or 2 weekdays for a year? They would soon regret signing that lease.

        IF this is the landlord’s intention.

  • mskeggs on 20/11/2019 - 11:37

    If you are in Sydney or Brisbane, rents have fallen in the last year or two.
    That the landlord wants to lock in 12 months at the current rent is an indication they don't want you to leave.

    You should definitely understand what rights you get under a lease, you seem to be unclear.

  • godofpizza on 20/11/2019 - 11:45

    maybe the landlord likes you and want to keep you as a tenant?

  • wallet72 on 20/11/2019 - 11:59
    +4

    sign the lease or don't - no one is forcing you. They might increase your rent or kick you out but that's the consequence of your actions and their right to do so.

    Look at it from their point of view, you can move out pretty much any time, they want tenants that are stable and committed long term so they look for the lease to be signed.

  • tsunamisurfer on 20/11/2019 - 12:11
    +9

    Next thread from OP.

    Help…Landlord kicked me out as I have no tenancy agreement LELZ.

  • Typical16-bitEnjoyer on 20/11/2019 - 12:16

    Like just don't sign. Walk away from the pen. lmao

  • Fizzgig on 20/11/2019 - 12:17
    +1

    Confirm the rent prior to signing and just sign it! Unless you happy for a rent increase in the next few months

  • godofpizza on 20/11/2019 - 12:35

    not happy with 12 months, ask for a shorter lease. 6 months? you not planning on moving out right?

  • HighAndDry on 20/11/2019 - 13:05
    +9

    i am not planing to move out…

    Be prepared to be replaced by another long term tenant if you don't sign though.

  • idonotknowwhy on 20/11/2019 - 13:36
    +2

    So much misinformation here. Lookup the act for the state you're in.

    In Victoria, they can only increase rent every 12 months now, and they need to give you several months of notice before they kick you out.

    Don't sign it, and let them put the rent up as long as it's past the minimum interval for your state.

    I rented month-to-month many times, once for 2 years. They're not going to kick out a paying tenant and go through all the expenses, listing, vacant time, repairs to make sure it's desirable, etc just to secure a longer term tenant.

    • SlickMick on 21/11/2019 - 09:44

      They're not going to kick out a paying tenant and go through all the expenses, listing…

      Do you know how agents charge? There is nothing they love more than churning tenants

  • [Deactivated] on 20/11/2019 - 18:46

    They can give you 30 days notice to vacate and find someone else to move in.

  • zoinks on 20/11/2019 - 20:56

    The landlord might not have an insurance policy that covers a month to month lease: the following is a standard phrase that is on some routine inspection reports I receive at work from a real estate company - “Tenant is currently on a Periodic Lease (Month To Month). Please confirm with your insurance company to ensure that your policy covers you for the tenant being in a Periodic Lease”

    • b0rnwithabeard on 21/11/2019 - 09:27

      yeah that's my guess too - that or the landlord is looking to sell, and saying "you already have a guaranteed tenancy income for the next 12 months" is a bonus selling point

  • HeWhoKnows on 21/11/2019 - 08:06
    -1

    " Now the new agent is forcing me to sign"

    Thats an interesting call

    If they threaten to increase rent then your response is…..

    "Then I will move out and you will lose a good tenant and possibly have a vacant property….How are you going to explain that to the landlord?"

    Demand to discuss the matter directly with the landlord.

  • b0rnwithabeard on 21/11/2019 - 09:25
    -1

    what's your problem here? If you're not planning on moving out any time soon, just sign the damn lease. You're being a such a childish PITA for no reason except you feel like some need to prove a point. You're legally no more or no less covered by being on a lease so just sign the bloody thing. Sure real estate agents aren't always the greatest people to deal with, especially rental teams, but don't make it worse by making a name for yourself in the office as those tenants who are a pain to deal with.

  • doc dogg on 21/11/2019 - 09:43
    +1

    The new agent just wants to collect a fee for signing you up to a new lease and make their "new leases signed" numbers look good. As others have said, they can still increase the rent and kick you out whether you sign the lease or not. You might be a little less protected on month-to-month, but the original lease you signed should have the conditions under which the month-to-month is subject.

    If you are a good tenant and want to stay there for a while, sign the lease. If the rental market is in decline in your area, you may even be able to negotiate keeping the rent the same, but adding a sweetener (like a gardener\cleaner every 6 months) that will be tax deductable for the landlord and help maintain the place to a higher standard.

  • OzHunterNSW on 21/11/2019 - 10:01

    Your expired lease continues with same stipulations. There is no need to Re-sign any lease, unless they want to slip in some extra agreements — so watch out.
    Simply tell the land lord you have already signed a lease.
    Remind them that contacting you via texting is not acceptable.
    They must give you seven days notice if they wish to contact you.

    • Kassa on 21/11/2019 - 11:57
      -1

      Yes, they texting, emailing, Calling and all about renewing..

    • Seraphin7 on 21/11/2019 - 19:53
      +3

      They must give you seven days notice if they wish to contact you.

      How might they do this … without contacting you?

      • godofpizza on 22/11/2019 - 10:51

        lol, they need to back date all communications 7 days.

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