Reneged Rental Lease

• 

  tdrive on 06/08/2019 - 15:14

  +3

  Not a laywer, but to me, no signature = no deal. Very annoying tho!!

• 

  BOGOF on 06/08/2019 - 15:15

  +1

  For a lease to be valid, it must be fully executed. i.e. signed by the lessee & lessor, from what you have described there is no such valid lease

• 

  HighAndDry on 06/08/2019 - 15:26

  +10

  Does signing and returning the lease to the agent and initial offer of the lease extension bind the owner

  If they haven't signed it, why would they be bound?

  and they provided us sufficient time to find another property.

  Periodic or fixed term lease, they still have to give you the required notice period. That's usually something between 30 days to 90 days - your lease doesn't just end on the termination date if they haven't given you notice (with proper notice period).

  • 

    hey aj on 06/08/2019 - 15:38

    Not much more anyone can say or offer additional information on this subject OP, pretty well answered with above and below.

    It is never fun moving but you better start making arrangements.

• 

  BreezyPalms on 06/08/2019 - 15:30

  +8

  Take a look here… know your rights in respect of the landlord giving you notice (and ensure the notice is validly served). Refer below excerpt:

  https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

  "Landlord ending a tenancy
  If you want the tenant to vacate you must give them a termination notice. The notice must:

  be in writing
  be signed and dated by you or your agent
  be properly addressed to the tenant
  give the day on which the residential tenancy agreement is terminated and by which the tenant is required to vacate
  where appropriate, give the grounds/reason for the notice.
  You can write your own notice or use the model termination notice provided by Fair Trading.

  The minimum period of notice you can give the tenant to vacate is:

  14 days – if the tenant is 14 days or more behind with the rent or has committed some other breach of the tenancy agreement
  30 days – if the fixed term of the agreement is due to end
  30 days – if the premises have been sold after the fixed term has ended and vacant possession is required by the buyer under the terms of the sale contract
  90 days – if the fixed term period has expired and no new agreement has been signed."

• 

  achew on 06/08/2019 - 15:45

  +4

  That's very unfortunate, but Property Management is not immune to dropkick moments. You're occasionally going to get a bad experience.

  It can be a matter of the owners not willing to work with the Real Estate any longer, at the rate they are charging. If you're able to, contact the owner and discuss your options. It could be that you are able to rent directly from them, at the same rate for the initially offered period.

  Good luck!
  Achew
  'scuse me

• 

  TEER3X on 06/08/2019 - 15:59

  Sounds like you have 30 days to move, or unless the rental agreement has expired, then 90 days if NSW.

  VIC laws here: https://www.consumer.vic.gov.au/housing/renting/ending-a-lea…

  What state are you in?

• 

  crentist on 06/08/2019 - 16:07

  +4

  A lease renewal isn't required to keep renting, it just locks in each side in a bit.
  It might be worth finding out if the owners are actually in a rush to do something else with the property, or they just want to keep options open for the moment.

  You never know, the owners might have a reason for wanting the place empty in 4 months, and are happy for you to hang out until then

• 

  bobbified on 06/08/2019 - 17:11

  +3

  Depending on how the emails from the agent were worded, there is the possibility that the lease extension could still be binding. Not having a physical signature doesn't necessarily mean that the "agreement" isn't binding. This would be similar to verbal agreements. Im pretty sure that email agreements have been successfully tested in court before.

  If you really wanted to push the issue, you could perhaps seek proper legal advice. However, if the landlord/agents really don't want you there, there's no real point forcing them to rent the place to you.

  • 

    Switchblade88 on 06/08/2019 - 17:32

    -2

    Exactly this.

    Irrespective of the presence of a LANDLORD's signature, the fact that the agent presented the forms, you agreed and signed and returned, and there were no responses from the agent for a month indicates the contract is valid.

    In this case, you can kindly show the agent the door and tell them to return when your lease is up. That gives you 11 months to leisurely look for another suitable place, not 14/30/90 days. You can always leave before 11 months (as that's what they want, they won't object).

    For assurance, contact the Tenant Advocacy service who will absolutely back you up and ensure your rights are upheld.

• 

  whooah1979 on 06/08/2019 - 18:33

  we signed them and sent them back.
  a month

  Op, Did you post the documents using auspost? They sometimes take more than a month to deliver.