Realestate Rental Agency Asking Us to Either Renew or Give Notice to Leave 3 Months into 6 Month Lease?

jonathonsunshine on 13/06/2017 - 01:50

Hey folks!

Got a email from our real estate agents today, we're three months in to our 6 month tenancy but we've already paid all our rent.

Email had an offer to sign a new 12 month lease or either return notice to leave form with in two weeks. NOTE. We're not being ask to leave now, just sign that we are going to move out when current 6 month lease expires.

Place is kinda expensive, not sure if we wanna stay or not and it just seems kinda fishy?

Can they actually force us to make a decision 3 months before lease expires? And if they can, does that mean they might start having inspections for prospective tenants for the next three months?

Don't like the idea of having strangers wondering through the place for the next 12 weekends and having to keep the place spotless.

We're in QLD btw.

Thoughts?

Home & Garden

Comments

  • KaTst3R on 13/06/2017 - 03:53
    +2

    3 months from now it will be September and it is typically a quiet period. Traditionally, Jan/Feb will be the time where the turnover is high as students return back to Australia and rental market will be busy just before school term starts. So I can understand why the agent is planning 3 months in advance as they might not be expecting huge crowds to view the house.

    Maybe it is a good opportunity to re-negotiate the rent. If they want a longer term 12 month contract, try to push the rent down a little. More often then not, landlord may be willing to accept slightly less for more certainty of cash flow. If they refuse, then you have 3 months to secure something better for yourself.

    • jonathonsunshine on 13/06/2017 - 04:10

      if we refuse, do you know when they can start having inspections?

      • KaTst3R on 13/06/2017 - 11:22

        Hard to say, it could come in as and when people make appointments. If you refuse, discuss with your agents regarding this. Of course it wont be fair to you if the viewings are disruptive to you. Maybe you and agent can agree on a couple of "viewing" weekends but nothing more outside the few agreed dates.

        As some of the guys below mentioned, do some research on your rights for this matter. You could also call up the QLD RTA to seek advise before replying to agent.

  • tranter on 13/06/2017 - 05:13
    +2

    Check the RTA Qld website, it has answers to most of your questions.

    No they can't force you to make a decision now. Agents have to give tenants 2 months notice to leave (with the proper form), so they are getting in early to allow any negotiations to take place. However, 3 months out is a bit cheeky and to ask to submit a notice of intention to leave form within 2 weeks is really not on. It's just the usual pressure tactics engaged by agents.

    Tenants have to give 14 days notice to leave. From what I understand from the RTA website the agent can only show prospective tenants through after the tenant has submitted a notice of intention to leave form (unless the agent added a clause into the contract that says something different). So if you are leaving you may only want to submit the form later rather than earlier.

  • Davo1111 on 13/06/2017 - 07:01
    +1

    Key word was "ask".

    I can ask you for $1000000, doesn't mean I'm entitled to it.

  • stratbargain on 13/06/2017 - 08:30

    I'd just say you plan on going month to month when the lease expires unless they are willing to negotiate on rent.

    They can't start showing people through unless you've been sent a notice to vacate or you've given your notice.

    • jonathonsunshine on 13/06/2017 - 08:38

      Can they send us a notice to vacate 3 months in advance?

      • tranter on 13/06/2017 - 09:17

        They can send you a notice to leave form whenever they like as long as they give you at least 2 months notice. They could have sent you the notice a day after you moved in but of course the 6 month fixed term agreement is still valid.

    • tranter on 13/06/2017 - 09:05
      -1

      @stratbargain

      That is incorrect advice. As I mentioned earlier the information is available on the RTA Qld website. They can only show prospective tenants through once the tenant has given notice (which must be minimum 14 days notice).

      https://www.rta.qld.gov.au/Renting/During-a-tenancy/Entry-to…
      Under section:
      Show property to a prospective tenant
      "The tenant must have also given a Notice of Intention to Leave (Form 13)"

      This is why the agent is asking the OP to send them the notice to leave form within 2 weeks—so they can show prospective tenants through as soon as possible.

      • stratbargain on 13/06/2017 - 09:26

        Isn't that what I said? They can't show people through unless they've given you notice

        • tranter on 13/06/2017 - 09:28
          -1

          No, the tenant must have given notice.

        • jonathonsunshine on 13/06/2017 - 11:02
          +1

          @tranter: it goes onto say "or (the tenant has) received a Notice to leave (Form 12)". Does this mean that they could theoretically send us a notice to leave (at the end of our lease) and start holding inspections every second day?

        • stratbargain on 13/06/2017 - 12:09

          @tranter:

          "The tenant must have also given a Notice of Intention to Leave (Form 13) or a Resident leaving Form R13 for rooming accommodation, or received a Notice to leave (Form 12) "

        • stratbargain on 13/06/2017 - 12:12

          @jonathonsunshine:

          "A reasonable amount of time must have passed since the last entry for this reason."

          Every second day would not be considered a reasonable amount of time.

        • tranter on 13/06/2017 - 12:40

          @stratbargain:

          Thanks for clearing that up :)

        • tranter on 13/06/2017 - 12:52

          @jonathonsunshine:

          stratbargain has answered your question well. I think having inspections once a week would be reasonable, definitely not more than that if you are still living there.

          I do however think that having inspections 2 or 3 months out from the end of your lease is not reasonable. If it was me I would only agree to inspections at a maximum 4 weeks out. Check your lease agreement to see if it says anything there. It may be something you have to negotiate with your agent. You can also call the RTA for clarification or if you are not happy with something the agent is doing.

          Also note that it's a renters market in Brisbane at the moment. Rent prices have been in a downwards trend for the last year and probably will do so for another 12 months or so. Don't be afraid to ask for another 6 month lease for the same money you are paying now or even a bit less if you think the amount is excessive considering current market conditions.

  • Gronk on 13/06/2017 - 09:26
    +1

    Pretty sure you have the option to do nothing here, sounds like they're just being active in finding out whether or not you plan to stay.

    Our last agent tried to do this sort of thing, just tell them you can't make a decision right now and you'll get back to them (when you're ready).

  • DarkOz on 13/06/2017 - 09:28

    I think that's the notice period required (in NSW anyway) from the agent to the tenant to terminate the lease when it expires. In this case the agent is just timing it perfectly to the end of the 6 months contract. This is the landlord being pro-active rather than waiting for the tenant to give 3 weeks notice, at anytime, to vacate after the lease ends.

  • Mad Max on 13/06/2017 - 15:24

    and having to keep the place spotless.

    Where does it say that you have to keep the place spotless?
    So that you can help the agent rent it quicker or for more $$?
    It does not sound like they are making you any favor, so why would you do that?

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