Is There a Way to Extend The End Date of Notice to Leave Rental Property?

leiiv on 07/01/2021 - 17:29
Last edited 07/01/2021 - 18:55 by 1 other user

Renting in Qld. Lease is expiring and we have been given a notice to leave (without grounds). We want to move to a different suburb for various reasons.

At the moment we found that there are not many availability in renting on the market. We have requested the agent to extend the last date we have to leave the property (for 2 weeks), but they just flatly refused.

We have been in the same property for more than 8 years and always keep it in good condition and pay rent on time. We even offered to pay more if the date can be extended.

Is there any other legal ways for us to extend the date? Is the possibility of us becoming homeless pretty high now?

Home & Garden

Comments

  • Quantumcat on 07/01/2021 - 17:32
    +4

    You can refuse to leave and they'll have to get an eviction order, that may buy you a few weeks. That's going to make it difficult for you to get another place to live though.

    • leiiv on 07/01/2021 - 17:35
      +1

      What if I sign a lease for a property that will only be available 1 week after the notice end date? Will that work for me?

      • Hybroid on 07/01/2021 - 17:37
        +2

        Do you morally feel that is acceptable to impede the landlord, if they have correctly met the conditions of the agreed contract?

        If not (as most people would feel), sounds like you might need to find temporary accommodation for the middle week or so.

          • Hybroid on 07/01/2021 - 17:45
            +9

            @leiiv: Maybe they're moving in themselves at that date. Maybe relatives. Maybe they've rented it to someone else. Maybe they have workers booked to refurbish it. Maybe they're selling it. Maybe many things.

          • Summoner on 07/01/2021 - 18:21

            @leiiv: If the landlord found a new tenant to move in soon after you move out, you may force somebody else to be homeless doing so. You should have thought about this before sending the 2 weeks notice.

          • Donaldhump on 07/01/2021 - 18:30
            +2

            @leiiv: what if the landlord wants to move in?

            suck it up and rent a hotel for a week

          • brad1-8tsi on 07/01/2021 - 18:58
            +4

            @leiiv:

            I can't understand why they do not want to give us some extensions.

            Because their world doesn't revolve around you. Maybe they have some deadlines to meet.

            If you can't find anything in your preferred suburb then rent a serviced apartment for a few weeks.

    • leiiv on 07/01/2021 - 17:40
      -2

      That's going to make it difficult for you to get another place to live though.

      Great, even increase the chance of us being homeless!

      • Hardlyworkin on 07/01/2021 - 18:38
        +4

        Homeless? Did you happen to skip 2020 and the lessons of resilience? Go to a hotel, family, friend's house, campground. You've already stated you have the money to pay extra rent.

      • brad1-8tsi on 07/01/2021 - 19:00
        +3

        Great, even increase the chance of us being homeless!

        You will only be homeless if you choose to be. You are the one being fussy and wanting a particular suburb.

  • Drakesy on 07/01/2021 - 17:42
    +2

    Unfortunately don't like your odds, loyalty as much as you'd like to think it counts for something doesn't really in the eyes of landlords.

    They may have already leased it out at a higher rate to new tenants. To be honest though the end of lease date hasn't really changed (that you've said) so the ball really was in your court in getting another place organised. With the covid rental eviction amnesty no longer a thing i believe the landlord is well within their right to evict.

    TLDR not a lot of sympathy unfortunately

  • brendanm on 07/01/2021 - 18:22
    +1

    How much notice did you have that you were having to leave?

  • apsilon on 07/01/2021 - 18:25
    +3

    Legally I don't believe you have any way to force an extension so the answer is pretty simple. If you really want to stay all you need to do is throw enough money at it. Everyone has a price, it's just a matter of if you can afford to pay it. Offer them a years rent for the extra week and I'd bet they'd agree to extending.

  • trapper on 07/01/2021 - 18:31
    +2

    Just airbnb for 2 weeks if you have to.

    • life is suffering on 07/01/2021 - 18:33

      what about stuff ?

      • SnoozeAndLose on 07/01/2021 - 18:54

        Rent a taxi storage box? Warehouse storage?

      • brad1-8tsi on 07/01/2021 - 19:03
        +1

        what about stuff ?

        Removalists usually have access to interim storage facilities

  • ihbh on 07/01/2021 - 18:32

    What if they've got someone moving in just after the end of notice date?

  • whitelie on 07/01/2021 - 18:51
    +1

    How much notice did they give? If there's no grounds for notice, like you say, they need to give you 2 months according to here but I'd imagine that as it's the end of your lease, they've given the appropriate notice and you will have to go at the end of your lease.

  • tsunamisurfer on 07/01/2021 - 19:12
    +3

    OP, when you chose to enter a renting lifestyle you signed a contract with life that such things could happen.

    I would either offer the landlord even more or have to go to the trouble of moving to a hotel / motel / air bnb then again to the next abode.

  • SF3 on 07/01/2021 - 21:15

    Can see this post also go down like a lead balloon, another déjà vu moment.

  • MeesusEff on 07/01/2021 - 23:01
    +1

    You were aware, or you definitely should have been, of the date that your lease was ending, considering that you want to move as well. The landlord isn't at fault that you are "going to be homeless" as you could have spent some time looking for rentals.

    Either offer your landlord more $ for them to agree to extend 2 weeks, or put your stuff in storage and go to a hotel/airbnb/friends/family.

  • Grat on 07/01/2021 - 23:03

    Try to contact the owner directly. Often owners have no idea the cr*p agent's dish out. You can get the owners details often by asking a neighbor. Alternatively for around $20 you can do a titles search online via qldglobe or a private company like citec if the information is not on your lease. The RTA has a mediation service that may help. You may not have any rights but if you have been great tenants the owners will most likely go out of their way to help you.

  • xuqi on 07/01/2021 - 23:34
    +3

    "At the moment we found that there are not many availability in renting on the market. We have requested the agent to extend the last date we have to leave the property (for 2 weeks), but they just flatly refused."

    What exactly are you hoping to achieve with the additional 2 weeks?

    If there isn't much available now, I don't see what an extra 2 weeks worth of time buys you.

  • avoidfullprice on 08/01/2021 - 00:00

    A more useful question would be - is there a way to save not having same day uplift /downlift removal?

  • morse on 08/01/2021 - 04:52

    You’re most likely going to have to get a temporary rental (air bnb, serviced apartment or similar) and put your stuff in storage until you find a suitable rental if you can’t find one in time. Some times real estate agents have short term leases available, so if you call around in the area you’re looking to move to and ask what’s available for both long and short term you might find something.

    Make sure when you find your next long term place that you’re happy with it for your budget- ie don’t get desperate and rush into something that doesn’t tick all (or most of) your boxes. I made that mistake once and couldn’t wait to get out of there.

    If you do need to stay somewhere short term in the interim and can afford to try and find something that you’ll enjoy and treat it as a mini holiday - like a serviced apartment with a pool or something. If you can’t find something on Airbnb, google ‘serviced apartment’ or ‘temporary rental’ you can call the individual complexes and see what they have available and get a quote for a couple of weeks. Caravan parks with cabins or budget motels might be cheaper as another option.

    If you can’t afford temporary accommodation in the interim and feel like you’re at risk of homelessness there is government and non government crisis accommodation, particularly if you have kids https://www.qld.gov.au/housing/emergency-temporary-accommoda… this kind of thing is for genuinely very low income people and families.

  • mab5125 on 08/01/2021 - 07:37
    +2

    From what I can see, the notice to vacate 'without grounds' requires 2 month's notice?

    My guess is you just started looking with a week or two to go thinking you'd find something right away.

    That's on you, not the landlord. Two months is plenty of time.

    Get an Airbnb or go to a cheap hotel/motel and put your things into storage.

  • OzHunterNSW on 08/01/2021 - 10:03

    You have 8 years… is that good reference? Pay rent on time, etc?

    In NSW you ring the Dep of Faire Trading for advice. You also contact (in NSW) NCAT, which is a Tribunal.

    If you feel you have grounds, or simply wish to seek an extension, you PLEA to the Tribunal Member, to simply grant you extension.

    The real estate will have to argue why they require you out in such time, without any lea way for negotiation.

    You in turn argue that you are quite willing to leave, but given the environment, simply require a little more time… and YOU suggest the end date.

  • Bob Svargis on 08/01/2021 - 11:43
    +1

    https://www.rta.qld.gov.au/ending-tenancy-notice

    You'd have been given 2 months notice. If you've been given less, you have grounds for appeal. If you have been given 2 months, surely that's enough time to find something?

    Maybe the landlord wants to move in? Maybe s/he wants to renovate and sell it? It's his/her property to do what s/he wants with it. S/he has met the contractual terms, presumably, so 8 years history means diddly squat.

    What's wrong with camping in a tent for a week, or staying in an onsite caravan for a week? There's people far worse off dealing with far worse conditions. Cheap motel perhaps? Either way, your inability to secure alternate accommodation isn't the landlord's issue so it's unfair to expect the landlord to be flexible if they gave you the required 2 months notice.

  • HeWhoKnows on 08/01/2021 - 12:50
    +1

    ADVICE FROM A LONG TERM LANDLORD AND PROPERTY MANAGER

    Whilst th agent is operating entirely within the law as per the previous post it sounds like the agent is being very unreasonable, especially as you are not being evicted for breach of terms and conditions.

    The best thing to do is to advise the agent that you cannot be out by the requested date for the reasons outlined and provide them with an alternative date reassuring them that the place will be thoroughly cleaned and rent will be paid right up until the date you vacate.

    There is not much the agent can do about this other than going to the Tribunal and requesting an order for you to vacate.
    Given this can take up to 4 weeks and there is no guarantee of success so the agent will be forced to concede.
    PS The Tribunal will probably side with you OP due to the reasons given and you're being so fair and reasonable.

    GOOD LUCK!

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