[Resolved] Signed Lease but Change of Mind The Next Day - Will I Need to Pay?

LLazyturtle 217 on 19/10/2023 - 10:31
Last edited 23/10/2023 - 11:13 by 2 other users

Hi all,

I signed a lease agreement yesterday (18/10/23) 1PM. I have not paid bond and rent yet. Move in date 28/10/23.

I got accepted for another property on (18/10/23) 6PM. I like the other property better and would like to go for it. Are there any legal implications.

When I called my agent she said she was not happy and I have messed them around and she will have to charge advertising and admin fees etc. She said she will get back to me about this afternoon.

Also, 18/10/23 morning, she was chasing me to sign the lease as there were other applicants who were interested. On domain and real estate the ad is still up and it says available. On their website, it says Leased and Under application.

Do you guys think I need to pay any damage?

Home & Garden

closed Comments

  • nigel deborah on 20/10/2023 - 15:16
    +1

    As others have said, as long as you let them know you changed your mind before the landlord signed you might be all good (no valid contract).

    Alternatively just be polite, tell them the truth, and I think normally they'd happily offer to the next applicant. Only time I can see them going after you is if you've wasted heaps of their time, or there are no other suitable tenants.

    If you're morally flexible you can just waste their time, delay on the bond payment, stall if they demand lease break fees, etc etc and there is a decent chance they will just give up and move on.

    • mousie on 20/10/2023 - 19:52
      +1

      He's dealing with a real estate agent.. Jack Nicholson 'The truth'?!!!

  • OneFootUp on 20/10/2023 - 15:40

    How can you sign a lease before paying bond and 2 weeks rent in advance?

    • MorriJ on 21/10/2023 - 23:46

      Signing a lease is the first part of executing a tenancy agreement (at least in VIC/NSW - the only places i've ever signed a lease).

      Agents cannot really ask/require a bond payment prior to signing of the lease and in some instances prior to a condition report being produced etc.
      The process is sign the agreement, then pay the dues.

  • Lazyturtle 217 on 20/10/2023 - 18:15
    +15

    Thanks everyone for your feedback.
    The agent withdrew my application and chose not to charge. Probably passed the rental to the next in line.

    • john_conner on 20/10/2023 - 23:31
      +2

      Thanks for the update.
      I suspect the agent wouldn’t have taken down the ad or advised any applicants they were rejected until the first months rent was paid anyways.

  • Fawkoff on 20/10/2023 - 22:20
    +5

    Tyre kicker

  • xiaoli on 21/10/2023 - 02:23

    Why do you need to pay?

    What are they gonna do? Waste their time and money chasing you in court?

  • Sinnerator on 21/10/2023 - 09:27

    take the one you like, and sublet the other for an extra $200 per week (if in Sydney and extra $500 per week)
    IANAL

  • hasher22 on 21/10/2023 - 10:53
    -3

    Damn I wish the agent charged you, you're an entitled person on your high horse…..

  • Deals For Days on 21/10/2023 - 14:14
    +2

    Obviously you should read before you sign etc but people are being harsh on OP. There are countless people in line for all rentals, maybe its legal but assuming they didn’t have costs yet it’s bogus for agents to be charging lease break fees when there is basically no cost to them, they just have to call the next person if the dozens waiting for rentals. The market is so heavily skewed with power dynamic to agents. Things like rent bidding are still out of control.

    Why is it that tenants have to do everything by the book to the letter, but agents and landlords regularly do less than the minimum and tenants are told to be thankful for example to be getting repairs, as on a previous forum post. Absolute double standard.

    • Hangryuman on 21/10/2023 - 16:04

      yeah it's terrible that tenants have to actually sign papers to agree to pay rent for a property worth $'00,000s if not $',000,000s, and then can just POQ having not paid rent for weeks or months, and leave the place full of garbage if not damaged needed expensive repairs costing e.g. $30,000-60,000

      while greedy landlords sit back and let strangers live in, and possibly trash, a property that the landlord is typically personally liable for, valued at at least $'00,000s if not $',000,000s

      it's just unfair !

      • ssfps on 22/10/2023 - 02:47
        +1

        If having investment properties is an overall shittier gig than being a renter, why don't those IP owners sell up and just rent their home instead of owning?

  • Hangryuman on 21/10/2023 - 15:59
    -1

    'she said she was not happy and I have messed them around and she will have to charge advertising and admin fees etc'

    presumably that's the worst of it - I was thinking rent until another tenant was able to move in - like 3 weeks or like $2000 or somesuch - I'd guess advertising would no more than a couple of $hundred, and admin - meh probably less.

    I'll guess ballpark $4-500 - a lot less than if you had to pay until an alternative tenant moved in - Especially if they - oh - lingered about putting a new tenant in, and you then were liable for - say 6-10 weeks at say $700pw or say $4000-7000 …

    suck it up sweetheart - take a deep breath - and swallow (your snowflake pride)

  • echelon6 on 21/10/2023 - 22:39

    Reading this post has made me lean slightly more against tenants.

  • capslock janitor on 21/10/2023 - 22:48

    ANY COOLING OFF PEROID ?

  • FlyingMiffy on 22/10/2023 - 01:14

    The contract terms are the contract terms. Your assumption is that you are entitled to your definition of cost and losses for thr REA and land lord - good luck with those assumptions. If you didnt want the place, you shouldnt have put in an application.

  • ssfps on 22/10/2023 - 02:42
    +1

    My only thought if the agent has other applicant readily available then it should not be a big deal.

    It will take them very little time or effort to get another tenant to sign. You've wasted SFA of their time compared to the 15% they'll "earn" during the lease.

    If i were in your shoes, if they come back asking for some unreasonable amount (like a full week or two rent) I would ballpark the value of 2 hours of the agent's time, lets say $100, then send them a letter with a cheque for that amount. I would state that depositing the cheque is an acceptance that the amount paid settles any outstanding debt with the agency related to voiding the contract within 5 hours. Then, if they get angry, ignore them. They're unlikely to waste their time chasing 1 or 2 weeks worth of rent in penalties, and good luck to them telling a judge they couldn't reasonably have found another tenant in 2 weeks.

    Edit: just saw your update that they won't charge you. Just goes to show how full of shit most of the replies were claiming it's a deadly sin to void a contract that basically has no impact to the other party.

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