Tenants Have Handed Back Possession Early during 90 Day Notice Period

My wife and I recently became landlords.

Signed a 6 month lease, rolled over into monthly. We decided we wanted to make changes to the property and it wasn't going well with the tenants for reasons I won't get into so we gave the tenants 90 days notice to vacate as per fair-trade NSW advice. We even waited until after Christmas period because we wanted to be fair on the tenants.

But now the tenants have vacated before the 90 day expiration and without any communication to us. We were deliberately misled, earlier we offered to let them use the trailer to transport some heavy items. We asked when could I come install the new range hood. The tenants had many opportunities to do the right thing and let us know they had found a new place and would be vacating early.

On Friday a moving truck arrives to our surprise, and later that day the tenants hand back keys to us. They then informed us (rather gleefully) they would not be paying any more rent - like they got one over on us.

Now we have an vacant property and we haven't even started to look for new tenants because we had more than 30 days to go until the 90 day notice period

Do we have any recourse? The bond is still with NSW Fair-Trading BTW.

Surely the tenants had to give some prior warning before they handed back possession.

The tenants deliberately deceived me so naturally I feel cheated. Not seeking revenge, just some sense of fairness/justice.

I'll call fair-trading when they open again tomorrow but appreciate advice on this forum as I'm very stressed.

Cheers

closed Comments

  • +1

    I believe OP was betrayed by his/her expectation.

    They expected the tenants to stay/pay rent for the next 90 days and to also be courteous in keeping OP in the loop on their search for a new place, so that OP would have an estimated idea on when to start the Reno work and plans for advertising / arranging view-in inspections for said place (so as to minimise the risk on losing rent)

    IMO this expectation is a tad unrealistic and the feeling about being “cheated” and seeking “fairness/justice” ,is maybe slightly over the top.

    Please empathise with the tenants decision and take this as a valuable experience learnt.

  • +1

    They moved out within 90 days. Do you expect them to move out on the 90th day?

    Some landlords thinks they are the "lord" of the land they own. This is part of being a landlord. You may get good tenants, you may get bad tenants. Do you prefer them to stick around without paying rent instead?

    Move on, and find another tenant.

    • +1

      Also when you lease the land to someone else, it’s their land during the lease. They are leasing ownership of it within the terms and limits of the contract. Just like when you lease a car it’s your car while you’re leasing it. Land “lords” sometimes don’t understand that either.

  • +1

    OP has seen the comments here, but neglects to respond.

    Last seen: 8 hours 25 min ago

    • Obviously he found out the ozbargain community do not agree with his perspective. People found out he has been renovating property with the tenant. He thought the tenant has taken him for a ride. Although it will be great to see op provide an update so that we know his perspective has changed after reading the comments, a small way of giving back to the members of the ozbargain online community.

      • OzBargain is pretty fickle. I'd say majority of OzB landlords just haven't seen this thread yet.

  • +5

    Sounds like they did get one over you, if three months rent will ruin your year. Funny how you thinking you got one over on them can turn around like that, reverse card in Uno style. You pulled a power play on them and they pulled one on you by giving you exactly what you asked them to. They sound like champs.

    • if three months rent will ruin your year

      I'd assume the OP was still collecting rent during the 60 out of 90 days they stayed. It's just that he has to quickly advertise for new tenants.

    • I agree. So sketchy and disgusting 🤮

  • +2

    Bloody evil screwball tenants, always screwing over the hard to do landlords. /s

  • +1

    Best thread I've seen by a landlord so far. haha

    • For laughs

  • +7

    I suggest OZB admin give notice to OP to vacate this forum within 90 days for not replying to his own thread.

  • +2

    Viewed for sympathy left with lols. I am satisfied.

  • +1

    Are you serious? Your wish was granted. Why pay you? Jesus

  • +10

    Where is OP? They didn't give notice to vacate this thread.

    • +2

      He was planning to post this thread to get some empathy as he is under a lot stress at the moment. I think it will get him more stress if he gets like 100neg on his reply and gets swamped with blatant feedback, it will be too much for him. Best he put some update within the post and give some closure to this thread both for him and the ozbargain members.

  • +1

    Thread went bad immediately for op and he jumped ship, he aint coming back to this dumpster fire he started haha.

    Probably got the same answer from fair trading etc too.

    • Probably smart mot to delete it too, his username and a copy of the post will be submitted to the epic threads hall of shame anyway so at least his entry won’t note that he tried to hide his shame. Though radio silence doesn’t look any better…

  • +1

    I would have thought "90 day notice" as 90 days to vacate, not "vacate in 90th day".
    It's like getting a utility bill to pay that says due on XX/YY but you get penalised if paid earlier…

  • +4

    OP still alive? Or missus is divorcing him for his wonderful action

  • +4

    Australia's little landlords. Want tenants paying for everything right up to the last minute. Surprised that OP doesn't insist that the tenants pay for advertising costs for finding a new tenant too. I mean, hour DARE they move out after being given notice to leave!

    Perhaps instead of kicking the tenants out because you want to do minor work, you should work with them and give reduced rent so you can have them there at the same time.

  • +1

    Honestly don't understand why anyone would post this. It does not make the OP look good. Maybe renting a property out isn't for you, OP. Find an investment that doesn't make you and the people whose lives you affect miserable.

  • +2

    Doesn't even want to reply to his own thread.

    • +3

      That is the most annoying thing. Posted here for assistance, and look how many replies they have.

      • +2

        Lol, they know no matter what they posts, there will be a 100 negs waiting for them.

        For that, I have some sort of sympathy for OP. I think sometimes you look at things with such rose tinted glasses that you don't even consider the other side's perspective. I hope this is a good lesson for OP.

  • I've seen a few tenants go in my local area (not the best suburb in Perth) and can say you're remarkably fortunate here. For the small examples I've seen, one felt they were entitled to stay for however long they wanted and kept going to court over it.. eventually they just up and left with rubbish through the house.
    Other one left early like in this situation, but smashed every single window, put graffiti on every single walls, jumped rubbish everywhere and destroyed every single surface in the house before walking out and leaving the front door wide open..

    Just be glad all is well and that you now have extra time to get your renovations in order before you list it up, i'm sure in a few months time all will be well and you'll forget this whole thing ever happened.

    • +1

      Hopefully OP doesn't forget this whole thing happened. Instead he should remember to read the rules when issuing a notice to vacate so that he won't look like a moron next time he issues one.

  • +1

    No damage to property and happy to leave. Problem?

  • +1

    Were you expecting them to look for a home while homeless?

    This has to be a troll post. I refuse to believe a landlord is capable of being this dumb. How the heck do you get to a point where you can own property with a brain like this? Please tell me where you found your money, I'd like to look there as well. You asked them to leave, they left……. wtaf were you expecting? Did you secretly want them to stay or something? Or did you want them to beg you to stay so you could turn around and ask them to stay & hug it out like a big happy family? Were you hoping they'd randomly turn around & offer to do some swinger level crap & spouse swap to keep the rental? I'm racking my brain trying to think of some logical reason why you'd ask them to leave, then feel so self entitled to complain when they did it.

  • Since OP is not interested in answering questions in their own forum post, the Thread is now closed.

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