Notice to Vacate for Rental Property

zhk89 on 14/04/2021 - 19:20
Last edited 14/04/2021 - 20:48 by 1 other user

Greetings

I want to get some suggestions please about the following:

We started our rental agreement through the agent/owner back in July 2020. It was through usual listing by the real estate. It did not mention anything about available for a fix term etc. after 5-6 months we had the council putting up the board outside the house for public notice about property demolition.

I asked the agent that time and was told don't worry it will be in around two years time when the owner has plans for demolition and making some townhouses. Few months after we had someone coming to check soil and was told same thing by the agent that don't worry its for future work nothing ATM.

Today, I got the notice to vacate the property by 9th July i.e end of lease term and some standard docs mentioning in what state the house should be left eg: cleaning/vacuum etc.

1) My questions are that even its all legal doesn’t it fall under misinformation/false advertising and then later further misinformation by the agent that it will be in around 2 years time. Should/can I do something about it?

2) I am ok to leave as don't want to argue too much for nothing really but what about getting proper cleaning/steam vaccuum etc etc when the house is to be demolished? I am happy not to leave my mess but why should I spend more on that extra cleaning? More cost then to arrange movers at that time and all that hassle in such a small time.

Any suggestions welcomed.

Thanks

Home & Garden

Comments

  • ihbh on 14/04/2021 - 19:30

    1) Did you get the 2 years, etc., it in writing? Or was your lease a periodic lease?

    2) What did the agent/owner say when you asked them?

    • zhk89 on 14/04/2021 - 19:31

      The lease was 1 yr lease but when asked the agent she told (emailed) that it will be in 2 yrs time when they will demolish and plan to build new townhouses.

      • zhk89 on 14/04/2021 - 19:34

        We had that in mind that this year we will renew our lease and then will plan to vacate over the next year

        • ihbh on 14/04/2021 - 19:36

          So did you get a new contract with the new fixed term in writing?

      • dizzle on 14/04/2021 - 19:41

        In my opinion, that's not them saying you can be there until that time. It's just saying not to worry, because it will happen after you've left. Which is still the case.

      • Quantumcat on 14/04/2021 - 20:25
        +8

        It doesn't really matter what the owner plans to do with it in two years time, you only signed a lease for one year. If you wanted a two year lease sold have asked or signed a different place that would give you a two year lease? Owner hasn't done anything wrong assuming you've been given enough notice (sounds like you have).

        • zhk89 on 14/04/2021 - 21:07

          Yes all is good in all legal terms but have been played through the agent. Such a shame. Lot of ppl would have gone for 1 yr fixed term lease with no option to extend. Why not post it that way.

  • dizzle on 14/04/2021 - 19:38
    +5

    Whether there is works in 2 years time, they can still give you a notice to leave after the lease expires (as long as they give correct notice). There is nothing stating that the rental has to be available for longer terms and there are many reasons why they may end a lease after 12 months (particularly at the moment).

    2) Best to ask, but it still depends on how long before it gets demolished. I would assume that if it will take another 6 months to a year, they probably want the house servicable to rent for a shorter period, or even for airbnb.

    However I also think if that's the case, they would have just let your lease go periodic and get you out in 6 months. So more likely it's sooner rather than later and it probably won't matter as long as you're not leaving fridges/chairs etc to be disposed of.

    • zhk89 on 14/04/2021 - 21:08

      Thanks mate. ill check with the agent

  • spackbace on 14/04/2021 - 19:42
    +3

    Notices about how the house should be left are generic. Check with the Property Manager regarding the final condition.

    You can't do anything about them booting you at the end of the lease, that's the owners prerogative, not the property manager's.

    Side note, had a Property Manager demand that we steam clean the carpets after 5+ years being in a property, but we knew full well that the owner had plans of redoing the place. Not to mention, the carpets already had issues (peeling away from the edges under windows etc). I fought my ass off to not worry about steam cleaning, even asking how old the carpets were (ATO claim 8yrs or so depreciation on carpets). In the end the owner/property manager caved, admitted they'd be replaced and that I didn't have to steam clean them.

    So if you get it in writing that the place will be demolished, I wouldn't even worry about an exit clean. They'd need to take you to court to get the money from your bond, by which time the place will be demolished…

    • zhk89 on 14/04/2021 - 21:08

      Thanks. I will check with the agent

  • SF3 on 14/04/2021 - 20:09
    +4

    TLDR version.

    As a tenant, asked to vacate, house to be demolished, should I spend money cleaning up?

    As spackbace said, ask agent maybe you don’t need to spend the money. Then have it in writing or you write it and have agent acknowledge it.

  • orangetrain on 14/04/2021 - 20:55
    +2

    It looks like owner wanted rent for the annual period and the agent likely knew. Their lips moved and you felt like staying. Looks like agent did a great job making you stay and continue to pay rent. Sorry, OP.

    • zhk89 on 14/04/2021 - 21:05
      +2

      Thanks for understanding that point. Yea kept playing till the end time and once we are here about finishing the year take that Notice. With all legal aspect right this was a made up thing to catch the year rent and start construction. Had they posted it in ad about this plan i would have never applied for the property for just 1 yr.

      • Bargain-er on 15/04/2021 - 08:03

        Hi, was trying to PM you but seems your current setting doesn't allow me. Can PM me? Thanks.

  • Succulent on 14/04/2021 - 22:06
    +1

    I think it might be part of the standard contract where renter will need to leave the property as it was when they entered, in terms of cleanliness. You can ask the agent if you can skip the standard cleaning/steam vacuum due to the property going to be demolished. But if it was written in the contract it will be under agent/owner discretion to allow you not fulfill your obligation in cleaning them. Besides, the owner may want to live there for another year before the property get demolished or they want to stage the place to be sold to a different party. There could be different reasons, but most likely the agent will want to you clean the place when you leave as part of standard procedure. By allowing you leaving the place uncleaned, it gave the agent/owner no additional benefit/incentives.

    In some cases, even after you tried to clean the place your own, some agents will say that it is not clean enough. You will then either being given option to hire another cleaner recommended by the agent (maybe the relative of the agents) to reclean the place or they deduct money from your bond. One of the ways agent making money i guess. I was renting for quite some years and moving from units to units so I have experienced this. When I engaged cleaner, i will engage those who can guarantee for agents satisfaction. Meaning if the agent are unhappy with the cleanliness, the cleaner will go back and clean them again at no additional cost. And I can tell you the agents did say my place was not cleaned enough so I had to contact my appointed cleaner again for them to go back and reclean them without additional cost. It is a hassle of going back and forth opening the unit for the cleaner the second time, but that is part of moving out from rental property.

  • langitbiru on 14/04/2021 - 22:36

    1) Black on white is the power, when verbally speaking, things can change. It may be true, 2 years later, but the demolition department may change their mind to make it next few months? Real estate agent did what they think is within the law, issuing notice to vacate within the correct time frame

    2) You rent the property, it is your obligation to have it clean prior leaving to the property, disregard what will happen to the property tomorrow. When you signed the contract with the agent, i believe there is a term saying that you have to leave the property clean and in good order to when you move in, prior you leaving the property

  • Whensday on 14/04/2021 - 22:42
    +2

    A few years ago (inner Melbourne) we asked if we could avoid paying for steam cleaning because the carpet wasn't in great condition and we were being asked to leave so the owners could extensively renovate. It was explicitly stated in the lease that we had to have all floors professionally steam cleaned, but the agent agreed to waive that requirement. We just vacuumed the carpet, mopped the tiles and got our full bond refunded.

  • Seraphin7 on 14/04/2021 - 22:52
    +2

    On point 1, nothing you can do about it.

    On point 2, I'd look to gain agreement that you only need to leave the place "tidy" (i.e. no great clean up required) on the basis the joint is being demolished anyway.

  • Keplaffintech on 15/04/2021 - 08:48
    +1

    Are you asking if it's legal for a real estate agent to lie? If it were illegal they would all be out of business!

  • Brian McGee on 15/04/2021 - 09:04
    +2

    The owner may want to live there for 6 months after you leave, then start the demolition process. They are not going to demolish it as soon as your last suitcase leaves the driveway.
    They will not want to live in an uncleaned property and it should be left in the same condition as when you received it.

    • zhk89 on 15/04/2021 - 09:57

      they wont be staying. demolition is done asap after i leave as per the Notice

  • OzHunterNSW on 15/04/2021 - 10:37

    Oh just get out… you were aware the owner intended to sell or clear the lot. Just get out.
    Do the right thing and leave.

  • zhk89 on 15/04/2021 - 13:06
    +4

    Got confirmation from the agent today that its ok to leave it in reasonable condition. Wont need to do spot cleaning / steam clean etc etc. Thanks for all the suggestions

  • HeWhoKnows on 15/04/2021 - 21:14

    Lease is being terminated LEGALLY at end of the lease period with appropriate notification.
    Full Stop
    Whatever you were "told" is irrelevent.

    Bye Bye

    Time to move out

    • Quantumcat on 15/04/2021 - 23:14

      Username checks out

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