Hey guys,
So i'm university student renting a room in a share house. And i went overseas for 5 months while paying rent for the room. Upon returning the Landlord sent me a message saying there has been too much conflict between you and the room mates, so i need you to move out in 3 weeks. At first i went looking for a new place and a friend told me that if i had previously been in a tenancy agreement which ended in September i fall under periodic or ongoing leasing. So the Landlord has to give me 3 months notice (termination notice) as i have not made any breach of the tenancy agreement.Also i contacted the Bond board and there is no bond being held for the property under my name or any name. My question is can the landlord evict me like that or throw all my stuff out without termination notice? And what can i do about it? I don't mind finding a place but university is starting and i don't have time to look for a place so soon
Landlord Trying to Evict Me
Comments
Do you have a receipt for the payment?
op should have one as op signed a lease. did op sign the lease?
"if i had previously been in a tenancy agreement which ended in September i fall under periodic or ongoing leasing. "
So were you on a tenancy agreement previously? What does your contract say? Some Landlords will give notice at 11 months so that they can get you to sign another 12 month lease as opposed to letting it lapse and going month to month.To be honest it sounds more like a sub-letting situation, particularly since bond hasn't been lodged. If you are on the Tenancy agreement, is everyone in the house on the agreement? or is there a "head-tenant" or two that are on the signed agreement?
Ot differs from State to state, In NSW:
If the landlord/agent does not deposit the bond within the required period, they can be fined up to $2,200
https://www.tenants.org.au/factsheet-03-bondLegality aside, I'd move out STAT if things have already deteriorated. Seek advice from your local tenancy union if you wish to push back on the landlord or head tenant. Good luck.
Not sure what state you are in, but go to the Tenants Union before you do anything. They should be able to give you the best advice on what to do here. You might even be able to get some of the rent you paid back as a bribe to get you to move out earlier.
This is the Victorian site.
https://www.tuv.org.au/It sucks that they let you keep renting for 5 months when you were overseas and then tried to evict you; sounds like it isn't a great place to be living anyway but you can probably bear it whilst you look elsewhere. Don't let yourself be taken advantage of.
Why not move out and store your things? 5 months is a long time overseas while still renting a room.
TBH, would you prefer to move now or during uni semester?
As for the bond, that's a big no no and the LL can get in a lot of strife. How did you pay it? Do you have a receipt for the payment?