Real Estate Agent Wants Me out at The End of The Lease

Hello,

I moved into a a house in Melbourne in September 20 during lockdown, listed for $480 a week, negotiated it down to $460 a week and 6 months lease as I wasn't able to inspect and wanted to be able to leave in case something was wrong with it. Real estate agent took weeks to get back to me and suddenly agreed, blaming the owner being an old lady and not answering to emails, with the lease starting the following week and finishing on the 29/03 (end of the COVID moratorium).

I moved in and am really happy with the place and want to stay for the long run.

I got a call before Christmas asking what I wanted to do at the end of the lease, I said I wanted to stay and the agent said that the owner's niece, who's their financial dependant wanted to move in, so I needed to move out at the end of the lease, and if I left earlier than that, they wouldn't charge me for breaking the lease early, they'd help me find another similar place, and possibly negotiate moving fees.

Now that agent was fired, and the Real estate agency's director called me to tell me the agent left, and the owner's daughter wanted to move in to start uni in Melbourne (previous story was with the niece, and the owner being an old lady) so I needed to move out, same promises, no early exit fees and they'd help me finding something. Now he rings me every week asking when I'll leave and never suggested any other place, despite having some listed on their website.

I don't believe their story and I think they just want me out so they can list the property again (and charge the owner for it) and rent it out for more.

I rang the tenant's union and they said they can't legally issue a notice to vacate until the end of March, which will then give me a 60 days notice issued by VCAT.

Today the Real Estate agency director emailed me again asking when I'd leave, and if I could agree to have left the premises at the end of April.

Can I just ignore him until I actually get an official notice to vacate issued by VCAT (which they won't get if their story is bogus as I think it is)?
If I effectively leave and see the place advertised again, can I do anything against them for "unfair dismissal" ?
If I ask for the landlord's details, do they have to provide them?

Cheers

Comments

  • +6

    I'm a landlord so I know a bit about tenant law.

    You can find most information in this link, https://www.consumer.vic.gov.au/housing/renting/ending-a-lea…

    Basically, since the lease is 6 months, if the landlord want you to vacate by the end of the lease, they has to notify in writing 90 days in advance.
    The notice must be a written letter delivered to your address or an email.

    If all the agent did was to call and give you a verbal notice, then it didn't count.

    • +2

      It’s 60 days notice if a family member of the landlord will be moving in.

      • +3

        It's must be a member of their immediate family (including parents and parents-in-law) or a dependant (who normally lives with the landlord) though. So it's likely a niece who lives somewhere else before doesn't meet the requirements.

        Regardless of that, if everything OP said is the truth, this real estate agent is extremely terrible and doesn't know any of the law. If they just simply sent OP an email to terminate the lease during Christmas time, OP would have no way to stay beyond the lease end.

    • Excellent, thanks mate!

  • +4

    If your lease is up then yes you have to vacate, you don't have to leave any earlier then your lease allows if you don't want to.

    There niece's uni or life isnt your problem, you wanting to extend your stay isnt theirs

    If you want my advice i'd move out early but i wouldnt do it without some sort of negotiating ie say you will leave in the next 4 weeks if you find a place but demand for the inconvenience that your last 3-4 weeks are rent free and that you're not expect to hire cleaners to steam clean the apartment due to the short notice to move etc

    They are going to kick you our regardless i'd try get something for it save a bit of money if they want you out early and you have save ~1300 on rent and cleaning costs then i'd be up for it.

    Assuming you move somewhere close, moving might not cost you that much 200-300 all up and if save yourself a bit of coin (id even ask them to pay for half the move)

    Renting a property is like any other business transaction - if they want to re-negotiate the terms of the agree lease (contract) then it should play to your advantage

  • +3

    If they just wanted to list it for more wouldnt they just let you know the rent is going to increase at the end of the lease?

  • +6

    What the owner wants to do after the contracted lease period is really beyond what you can control. It is unfortunate that it does not align to your plan but like many suggested, better to channel your energy now to moving on. Good luck.

  • +4

    It’s time to go…..kanter

  • +6

    Its people like you that give tenants a bad name. The owner has bent over backwards to be accommodating, move out like a nice human being. Buy your own property and you can stay there forever!

    • +3

      You’re 100% right. The owner has done everything except comply with the law.

  • +3

    What is wrong with people these days? If you want to dictate what happens with a house, buy your own. Get out of the landlords house and let them do what they want with THEIR house.

    • +1

      Well the OP is trying to lol.

      I think he wants to save money by staying in the rental at the same sweet rate he is getting. Plus, it's a hassle moving and I'm sure the OP isn't so keen on doing that again so soon.

  • +2

    Maybe offer them the original rental amount and 12 month lease, see if they are interested

  • The OP is apparently over-entitled…the landloard and the RE agent have been reasonable…they don't need to give you any reason or help you anything but they apparently would like to sweeten the deal. Move on, save up and buy your own place or you will be subject to other people's discretion when it comes where you live and how you live.

    • +1

      Reasonable? How so? Have they complied with formal notice requirements?

  • +3

    You are entitled to be left alone to enjoy your home. There are regulations about being contacted and harassed. Until they issue you notice to vacate you are at least 60 days away from having to leave. IF the owner has over promised to another party a polite request to you regarding your intentions is not too invasive but should be put in writing and that’s it. After that it’s not your problem.

    All that aside it’s a renter’s market out there. Sure moving house is a pain but if you have to leave anyway wouldn’t some assistance be helpful? Maybe you’re looking at this from the wrong angle. Make lemonade!

  • +2

    OP sounds clueless as to how contracts work

    Willingly entered into an agreement which had a defined end date of 29/03/2021

    Op is now refusing to leave and threatening to be a squatter, based on the real estate agent not finding them a new place to live

    Wow

    • +9

      OP has a very good idea of how rental contract works. After the fixed date contract ends, it usually rolls over to periodic lease (month by month) unless requested to either the tenant or the landlord for the contract to be renewed, a periodic lease means the landlord has to give the tenant even more notice. If the landlord wanted OP to move out, they should have issue an official termination notice 60 days before the end of march, then OP will literally have no ground to stand on. If they fail to do that, it's not OP's fault.

      Read it up yourself before calling someone clueless.

      https://www.consumer.vic.gov.au/housing/renting/types-of-ren…

      • That's the law for what happens after the contract ends.

        Everyone that seems to harping on the OP is not because what the law allows but what the OP should do. OP had a contract to the end of March, and is more than aware the LL doesn't want to the renew the lease.

        Sure, the law would allow him a few more weeks if the REA hasn't given formal notice, but you'd hope the OP would just move after the contract had ended.

        • +3

          I am unsure what OP is trying to achieve.

          However he/she knows the law and that's good on OP. Agent shouldn't have stuffed up.

    • Not how it works. Still needs to be given formal notice to vacate. That’s up to the real estate agent to follow the rules.

  • +4

    Echoing alot of earlier posts.

    1. That's the risk of renting, especially when you opt for such a short leave
    2. Just stay as long as you can (end of March + 60 days) if you want, and look for a new place in the meantime
    • What makes you think they can stay and extra 60 days? They were told at Christmas time their lease wouldn’t be renewed and they’d have to vacate. Pretty sure that’s more than enough notice legally.

      • +2

        I agree with you in sentiment, however OP says they were only given verbal notice which is not enforcable.

        I wouldn't be surprised if there was an email sitting in a junk folder, which if the RE can show it was sent, could be enforcable. Otherwise, considering how much he's complaining that they keep contacting him, OP may have received official notice.

      • +3

        Notice must be served in writing by mail or email. Email is only accepted if OP has given consent.

        Verbal notice is not enough.

        I’ll tell you a story. A little bit about 7 years ago, the agent called me saying they want me to move out by mid December. They gave me 30 days notice by calling me in mid November.

        I found a new place and arranged everything so that I only have to pay rent for 1 place at a time. The official termination notice didn’t arrive after 2 weeks.

        Came close to mid December, agent said landlord wanted me to stay until the end of December because it’s hard to find tenant during Xmas period. I disagreed and they turned around saying i would have to pay a break fee because the notice was served at the end of Dec therefore my last day is by the end of Dec. I ended up paying rent for 2 places at once.

        Because that had happened to me, I now strongly encourage people to follow what the law states and not what’s nice to do.

        • +1

          Notice must be served in writing by mail or email. Email is only accepted if OP has given consent.

          The email consent is normally within the original contract. So by signing the lease they may have agreed to it already.

          • @dizzle: You would think if that is the case, the real estate agent would have mentioned to scare OP out already. Anyway that's the question only OP can answer.

      • @Mitch
        My understanding from reading this thread was that there was a moratorium in Vic on evictions until March, so presumed that meant notice would be served then (coincides roughly with end of lease).

        • +2

          A contract ending isn't an eviction.

          • @ozhunter: Exactly, I don’t see how this is an eviction since it’s the end of the agreed upon term that one of the parties (in this case the landlord) has decided not to extend. Add to that the end date is after the moratorium anyway.

  • i'm confused what you are asking.

    you've been given plenty of notice to move out at the END of your lease so you have time to look around and find a good deal, which isn't hard at the moment

    what the landlord does with the house frankly is none of your business.

    if you want to stay forever maybe consider buying the house?

  • +3

    You should ask the director of the agency why your name is still not on the title.

  • +2

    You will just get a bad reference and will be denied many future renting opportunities. Good luck.

    • How good is that!

      REA and owner don’t follow the law, tenant gets the bad reference

    • references are so easy to fake. they aren't worth the phone call.

  • … if I left earlier than that, they wouldn't charge me for breaking the lease early

    When tenant wants to leave early and break the lease, tenant needs to pay all the break fee, vacant rent, marketing fee, etc. While when the agent wants to break the lease "not charging tenant break fee" is offered as goodwill?

    • +1

      While when the agent wants to break the lease "not charging tenant break fee" is offered as goodwill?

      If the tenant wants to leave earlier than the lease end… Then yes…

    • it's not breaking the lease if you both agree to terminate early. nobody is forcing you out - they are offering to terminate lease early without penalty. if they are forcing you out they would need to compensate you. seems fairly straight forward.

      an appropriate equivalent situation would be - tenant advises they want to terminate lease early, landlord is thinking about moving in - they agree to end lease early. voila.

  • +4

    Leases work both ways.

    Either you get a short term lease that gives you flexibility and less security, or a longer lease that makes leaving more expensive/difficult should your circumstances change.

    In both these instances, it affects both the renter and landlord in the same way.

    From the sounds of your post OP, you decided on flexibility at the expensive of security.

    • -2

      Don’t you think that the notice needs to comply with the law?

      • Yeah and I bet if it's the OP trying to end the lease, he'd be crying foul about all the legal red tape he has to go through. But since it's the owner trying to end the lease, all of a sudden it's all about following the 'law'

        • +1

          Except he’s not. Just a tiny whatabout ey?

      • Of course, and I find it difficult to believe that the agent hasn’t attempted to notify them in writing that the owner does not wish to extend their lease beyond the agreed term of six months.

        They claim to have received a call from the agent a week or so before the 90 days required, why would they not have sent a letter/email as they would know is required?

        • +2

          We can only go on what OP says unfortunately.

          I can only comment on my experience and that is most rental agents try to bully tenants and then whimper when bluff is called.

          All have behaved this way except this one agency where the owners had pride in their community and treated all customers (tenants and owners) with utmost respect.

          • +1

            @Vote for Pedro: As currently both a tenant and a landlord, I’ve certainly experienced both the good and the bad of the agent spectrum first hand.

            I’m quite happy with the agents currently managing my property, and the agent that facilitated my current rental was exceptionally helpful where others were not (moving interstate, was a pain trying to rent remotely).

        • -2

          Why'd they steamclean an office within 12 hours knowing that a sexual assault had in all likelihood taken place from security staff?

        • I don't have anything in writing as it wouldn't be legal at the moment, they can only issue the notice at the end of March to give 60 days, whereas if they convince me to leave before, it would be seen an my own decision.
          In hindsight I should have signed a 1-year lease but it was a roll of dice to go sight unseen on an old house

          • @kanter: Well then it is up to you what to do. There is nothing for you to ‘comply’ with other than to pay your rent and keep the place in good condition. Carry on with your life or find a new place with some negotiation on expenses.

          • @kanter: I don’t understand how that applies since you aren’t being evicted, you are just not getting an extension on a lease that you signed well and truly during the COVID situation.

            • +1

              @Mitch889: Mitch, if the landlord does not want to extend the fixed lease and do not want the periodic lease to kick in then they have to issue an official notice to vacate to the tenant.

              It just happens to be 60 days during the fixed lease. The landlord wants to do something else with the premises (for example, use them for a business). - 60 days.

              That has got nothing to do with being evicted. If they wanted OP to move out by the end of March, they should have issued a vacate to notice by the end of December.

              OP understands his situation wrong too lol.

          • +1

            @kanter: That's incorrect. They can issue you with a notice today and you will have to leave in 60 days.

  • -1

    First we had @raistian with this tirade making him slum lord of the year and here you go less than a week later proving that tenants can be just as stubborn and stupid.

    • +1

      What is this tenant not complying with?

      Just so we understand why you think OP is “stubborn and stupid”

  • +3

    Going to prefix this with not a tenancy lawyer or REA, but did work for one of the entities mentioned in the thread for a year.

    Sounds like OP is with one of the many many shitty REAs of Melbourne. Existence of niece/daughter questionable. Certain areas are back to regular rent amounts so it's possible OPs $460/week is a usual $600/week rental and REA has talked it up to the LL but hasn't followed through on it.

    If REA hasn't served tenants with notice to vacate then it's 60 days from the date the notice is given. The LL can however go to VCAT straight after the notice is given but they will favour the tenant in most circumstances.

    LL can only boot OP immediately if OP is being dangerous or destructive. LL could also boot in 14days IF the LL was going to be occupying it themselves as primary residence.

    Only entitlement out of the OP is the unfair dismissal lol, but even then it's understandable to want revenge 😉

    OP advice, tell REA you will bail on the end date, 0 cleaning beyond normal levels of living and you expect the bond back within the week. It's not like they are RENTING it out to someone else, REA will be out of the picture on that property from the date the niece/daughter move in……

    • Thanks for your understanding and empathy!

  • +2

    Haven't read every single reply, but so far haven't seen one suggestion for you to offer to pay more. If you like the place offer more, see how that goes down.

  • Leases only 'automatically' go month to month if the owner chooses, the owner has chosen they want you out at the end of your lease, it would be illegal for you to stay.

    Learn how leases work, if a lease ends and they want you to move out that's it, it doesn't matter why you don't get a choice in the matter, it's not an eviction it's just them not wanting to make a new contract with you, that's how the real world works.

    • +1

      Learn how leases work, if a lease ends and they want you to move out that's it, it doesn't matter why you don't get a choice in the matter, it's not an eviction it's just them not wanting to make a new contract with you, that's how the real world works.

      so why hasn't the real estate agent issued an official notice to vacate if the landlord wants OP to move out so badly?

      • -1

        I don't believe for a second that the OP hasn't received one from the real estate, he stats he expects one from VCAT, which isn't needed, I've had plenty of places I rent get sold and got notice from the real estate never VCAT.

        But the OP is an entitled (profanity) who thinks month to month leases are the end all be all and it's extremely common on here for OPs to leave out important facts to make themselves seem like the good guy.

        • I don't believe for a second that the OP hasn't received one from the real estate, he stats he expects one from VCAT, which isn't needed, I've had plenty of places I rent get sold and got notice from the real estate never VCAT.

          That is because you're not from Victoria during COVID. Have a read of the link below before calling someone who is aware of the rules "an entitle (profanity)". And I quote:

          "If a landlord wants to end a tenancy for one of these reasons, they must first apply to Consumer Affairs Victoria, who may refer the application to VCAT.

          If Consumer Affairs Victoria refers the application to VCAT, VCAT will decide whether it is reasonable and proportionate to end the tenancy."

          https://www.coronavirus.vic.gov.au/eviction-or-ending-reside…

          • @tomleonhart: "From 29 March 2020, tenants who are in financial hardship due to the coronavirus (COVID-19) pandemic cannot be given a notice to vacate by a landlord."

            I'm yet to see the OP provide any details of financial hardship due to COVID.

            • @Narull: scroll down a bit more.

              • -1

                @tomleonhart: Which part, the bit were he says he wants to use this as a 'summer house' to then buy something later "ultimately I'll move out but if I can enjoy summer in this house, save up a bit more and buy something in 6 months, it saves me the hassle of doing it now" or the bit were he says the real estate has given him until April (ie 2 months notice) "Today the Real Estate agency director emailed me again asking when I'd leave, and if I could agree to have left the premises at the end of April.".

                Or the bit were he says it's his first lease, ie he doesn't know how the system works but believes the COVID thing covers him.

                Read his comments yourself mate, he is clearly trying to game the system and thinks he is in the right, the owner doesn't even need to give a reason why they don't want to renew a lease nor does it 'just change to month to month' automatically without the owner agreeing.

                Stop defending stupid mate, it's the OPs own misinformation and wrong mindset that has him in this situation, welcome to the real world.

                • @Narull: "Your lease does not end unless you or the landlord give a notice to end the tenancy. Check the dates in your lease and the reason you are leaving to work out when you have to tell the landlord and when you can stop paying rent."

                  Directly quoted from tenantsvic website.

                  To interpret it for the hater boomers in the thread…..UNLESS THE REA OR TENANT HAS DONE THIS, HE CAN STAY +60DAYS (or whatever specific timeframes based off the circumstances, FFS just look at the CAV website.)

                  The bare minimum the REA does is make sure the legalities are done, too many of them think it's all showings, inspections and commission.

                  Should OP leave? Yes

                  Does he need to on the lease end date if the REA hasn't actually done the right forms? No

                  • @Jzye: Anyone who disagrees is a Boomer aye lol, you can't honestly sit there and think the OP isn't trying to game the system.

                    I agree they need written notice which I'm sure he will end up with, along with it all being recorded on his rental record and no real estate is gonna want to deal with him again.

                    For his first lease he has handled this horribly and is actively trying to exploit the system, no one's gonna wanna touch him.

                    • @Narull: This is a ridiculously minor road bump compared to most tenancy issues.

                      Doubt OP will have any issues at all assuming he:
                      -Pays rent semi on time
                      -Doesnt trash the place
                      -Complies with VICTORIA tenancy law

                  • +1

                    @Jzye: Should Op leave? Yes.
                    Should he protect himself/herself by only starting the moving process after an official notice has been served? Yes.

                    Welcome to the real world, I agree. In the real world, if the agent knows the law on their side, they will not hesitate to mention to enforce it. Why hasn’t he mentioned to OP that by law he has to move out by March end as his official noticed was issued in December? Probably because it didn’t happened. There’s no nice REA unless they want something from you.

                    I have been duped by both agent and tenant before for being nice to them. Just for them to turn around and quote the law when it suited them. I support Op 100% for sticking to the rules. That is not defending stupid.

  • +3

    OP gets short term lease he wanted.

    OP now disagrees with his own lease deal.

    • -2

      OP does come across as entitled. However he/she can act entitled because the law allows it.

      • -2

        Law sets minimum wage. Person expects minimum wage. Going by your logic, this person is ‘entitled’. “Ok boomer” sums you up perfectly.

  • Jeeze OP sounds like a nightmare, I'd be keen to get em out aswell.

  • +2

    I don't believe their story and I think they just want me out so they can list the property again (and charge the owner for it) and rent it out for more.

    From my experience with property managers, they will rarely do anything more than the bare minimum required to keep the owner happy and on board as a client. I would say don't over think it, the owner is probably just a pita and the property manager is hassling you in turn. It sounds like you'll have to move one way or another, so probably easiest to just get onto finding another place sooner rather than later.

  • +2

    Love how you can sum this up.

    -OPs first lease, he chose to taken on in peak COVID because he got a good deal.
    -OP wants to continue to exploit the owner so he can 'save for a house'.
    -OP is trying to play the COVID laws which don't apply because this isn't an eviction, it's an end of lease.
    -OP thinks all leases go month to month after contract ends which they don't.
    -OP admits he is acting entitled (even jokingly).
    -OP thinks the story is fake, which doesn't matter, the owner doesn't need a reason to ask someone to leave once a lease expires.
    -OPs gonna exploit this persons kindness for as long as he can fight it.

    Seriously OP, I hope you never have to rent again, cause this (profanity) will all go on your rental record, no ones gonna touch you after you've shown a complete lack of understanding and how you're trying to screw your first owner over.

    • +1

      He hasn't done a single thing wrong….. yet.

      Bulk rent history list is a myth lol, there are multiple of them run by private mobs like Equifax that the REs can subscribe to none/one/all. You can apply to get shit posting removed as well for (profanity) REAs/LLs that let emotions and non law whinging play a part.

      I'll bet most posters in this thread legit think you need to paint a scratch/dent in the wall too else risk be on a list FOREVERRRRR

      • Rental records exist, if you don't wanna believe that that's your provocative but I've seen the reports real estates give on tenants (hell the last one even included what kinda clothes they were wearing when they applied and 'if they looked trustworthy' when applying (which I though was going too far).

        • Comprehension isn't a strong point in this thread.

          I don't deny they exist but they are not universal, it's not a national police check lol. It's companies offering a service to screen prospective tenants. REAs can sub to none/some/all.

          But what would I know…..being from Vic and previously working somewhere mentioned frequently in the thread lol.

    • Ops fault the REA failed to give required notice under law?

  • -2

    Op, unfortunately as with all questions about rentals and property, the answers will be split between the 'have' and 'have nots'…. Don't expect any sympathy or compassionate understanding from home owners or especially landlords, the "I'm alright so screw you" brigade. Only tenants who have been through your situation will have any understanding.
    Ultimately though, you are best finding another rental in your own time before the lease runs out.

  • +3

    Nothing wrong with the landlord renting the property out for higher returns when the lease is over.

    • As long as they comply with notice to vacate requirements.

  • +2

    It sucks to hear mate, we had been given notice of the owner selling where we were renting. Owner appeared to be underwater in debt, tried refinancing and failed.

    Best thing is to be ahead of the situation, digging your heels in further won't make it go away.

    I'd recommend when looking for a new place, ask about the owner's intentions with a tenant, long-term or short term? Do they have other investment properties? How long were the previous tenants? Has the place been recently renovated?

    Try and get good indicators of a stable, owner-investor, who won't surprise you. In turn, do right by them as well.

  • +3

    Use some common sense here. Look for a new place, get the agent to give you good references and move on a date that is suitable to you.

    If you wait till the lease is up you will be stressing about finding a place and crashing on a couch until you can move in.

    Start looking now.

    • Agreed!

      • Make sure you have the correct forms sorted by both sides.

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