Real Estate Agent Is Not Trying to Lease The Property (We Have Broken Lease)

Stylekind on 12/05/2021 - 16:25
Last edited 12/05/2021 - 16:39 by 1 other user

Hi all, unfortunately our lease agency is playing games with us.

After we notify them on 10th of April that we are vacating the house and break the lease on 16th May (which is more than 28days) because we bought a house and every time the house is open for inspection, I see 20 or even 30 families are coming to inspect.

But I noticed that most of them are saying that agency is not responding to them or even update them about their application!

One of the applicant said we are willing to even pay more because we loved the house.

After calling several time the agency they always ignore my calls / messages, when I finally reached them , they said they are looking for “ good tenant"!

I’m afraid they are after my bond which is a month and half 🙁

Can you please advise me what to do and should I lodge a complaint? Where should I lodge it?

Home & Garden

Comments

  • Hybroid on 12/05/2021 - 16:28
    -7

    After we notify them on 10th of april that we are evacuating the house and break the lease on 16th May (which is more than 28days) because we bought a house .. and every time the house is open for inspection, I see 20 or even 30 families are coming to inspect ..

    Go for a little walk, grab a glass of water and then rephrase this as it doesn't make sense.

    • Quantumcat on 12/05/2021 - 16:31
      +1

      I assume evacuating -> vacating. If a house is on fire or flooded you probably don't want to take 28 days to exit!

      • SF3 on 12/05/2021 - 16:50
        +1

        🚨

    • [Deactivated] on 12/05/2021 - 16:39
      +5

      Makes enough sense that it can be understood easily enough.

      Do we need to spell it out for you?

    • Stylekind on 12/05/2021 - 16:40
      +1

      Sorry mate

  • Quantumcat on 12/05/2021 - 16:30
    +2

    You need to request the bond back yourself. The real estate can only keep some if they provide good reasons and evidence. Bond isn't for paying unpaid rent either, when you love out you'll normally have to keep paying rent until the new tenant moves in. They need to make a reasonable effort to find a new tenant and it sounds like they're not doing that, if they've had so many applications and not accepted anyone. I wouldn't worry until after you have left though, it'll only impact you once you're out and have to keep paying rent if they don't accept someone.

    What state are you in?

    • MS Paint on 12/05/2021 - 16:38
      +24

      What state are you in?

      Panic going by the thread.

      • Stylekind on 12/05/2021 - 16:43

        When we can request the bond? can we request it after we leave the house ?

    • dizzle on 12/05/2021 - 17:18
      +2

      It may depend on the states, but at least is QLD, NSW and VIC you can use it for unpaid rent (sourced from RTA QLD, Consumer Affairs VIC, and Tenents.org for NSW)

      However they wouldn't be able to use it for any extra rent owed until they lease it out again (the time between when you move out and they get another tenant in).

      Once you have moved out they have a certain amount of time (mostly 10-14 days) to release your bond or make a claim. They can only claim for those extra weeks once they know the full amount owed. So if it was an extra 6 weeks they will send you an invoice to pay instead of the bond.

      • Blue Cat on 12/05/2021 - 17:53
        +1

        NSW and VIC you can use it for unpaid rent

        I am in NSW and my contract says that the bond can not be used for unpaid rent under any circumstances. Is the landlord just scaring me or since I signed this contract I lost this ability for real?

        • dizzle on 12/05/2021 - 19:42
          +1

          Individual contracts may differ, but I don't see why this would be scaring you.

          • It shouldn't be used by the tenant as an excuse to stop paying rent for the last couple of weeks, as you should be paying rent on time anyway.
          • If you use it to pay the last couple of weeks rent, how do they know you haven't damaged the property for more than what's left?
          • It takes more work for them to claim your bond than to return it
          • Having to claim the bond could lead to a negative reference if your next rental calls them.
  • SF3 on 12/05/2021 - 16:55

    https://www.vcat.vic.gov.au/case-types/residential-tenancies…

    What we can help with
    Unpaid rent
    Problems with claiming the bond after a tenancy or residency ends
    Repairs, maintenance, damages or changes to the property the renter (tenant) wants to make
    Pets and renting
    Excessive rent increases
    Possession orders

    What we can't help with
    Issues between neighbours, between co-renters (tenants in the same rental property) or between rental providers (landlords) – get advice from Dispute Settlement Centre of Victoria
    Bond refunds where there is no issue – go to Residential Tenancies Bond Authority (RTBA)
    Family Violence or Personal Safety Intervention Orders – contact Victoria Police or your local Magistrates Court

  • pharkurnell on 12/05/2021 - 17:00

    Judging by how fast houses are selling around here at moment for stupid prices ( one on Friday - advertised 10am, under offer 4pm) I'd say they are flat out with making their pockets full…

    Open house few 100mtrs from here has had over 50 couples through in 2 open houses… already 100k above advertised price been offered
    /sook.

    • Ken1977 on 14/05/2021 - 20:30

      At nearly all real estate agents Sales and Rentals are two totally different departments with different staff, wouldn't make a difference if they sold 1000 houses.

  • dizzle on 12/05/2021 - 17:00
    +1

    But I noticed that most of them are saying that agency is not responding to them or even update them about their application!

    How are you getting that feedback? Are they the same people coming to multiple open houses? And you're getting 15ish each time (most of them) talking to you?

    • Stylekind on 12/05/2021 - 18:02

      No , I spoke to three of the families who came to the inspection and all said the same thing , one of them said that they applied on 15th of april and till now no one responded !

      • dizzle on 12/05/2021 - 19:55

        You're saying 20-30 families were at each inspection and you've spoken to 3 families. That's not a big sample size to say they're not talking to anyone (and hardly the "most of them" that you claimed).

        They could have 20 applications they are working through. They will judge them from best to worst and work their way through them. It coud be those three families are the least desireable. It could be that one or two of the other families are at the top of the list, and they don't want to break the bad news until those don't work out.

        A couple of years ago I moved interstate and had to rent. I applied for around 10 rentals after seeing them and only heard back from 3 of them (didn't even hear about rejections). It doesn't mean they didn't get a tenant.

  • CyberMurning on 12/05/2021 - 17:01

    Real Estate Agent Is Not Trying to Lease The Property (We Have Broken the Lease)
    One of the applicant said they are willing to even pay more because they loved the house.

    • pharkurnell on 12/05/2021 - 17:04

      ChiMot 3 min ago new
      Real Estate Agent Is Not Trying to Lease The Property (We Have Broken the Lease)
      One of the applicant said they are willing to even pay more because they loved the house.

      You too??? OP has same issue.

      • SF3 on 12/05/2021 - 17:07
        +1

        a 2nd account :D

  • tsunamisurfer on 12/05/2021 - 17:26
    -2

    OP this is your fault for breaking the lease.

    If you didn't break the lease this would not happen.

    The Landlord is allowed to take the required amount of time to find a suitable tenant.

    They are not after your bond, they are after the ongoing rent.

    • Stylekind on 12/05/2021 - 17:50
      -1

      We breaking the lease because bought a house . And my concern is agency is not responding to the applicant applying

      • tsunamisurfer on 12/05/2021 - 18:44
        +5

        We breaking the lease because bought a house .

        This has zero bearing on the landlord.

        And my concern is agency is not responding to the applicant applying

        Just because there is an applicant does not mean they are a suitable applicant.

    • lunchbox99 on 12/05/2021 - 18:18
      +5

      The landlord must take reasonable steps to fill the vacancy. OP should file a vcat case and force them to produce the applications they have received. The tribunal will take a dim view of the agent dragging their heels.

      Also when you leave keep a close eye on the property. It is not unheard of for agents to charge you rent while also receiving rent from the new tenant. This might be what the agent is waiting for (you to move out to double charge).

    • CyberMurning on 12/05/2021 - 23:56
      +1

      Agree. Its contract. Dont break it. What if you are the landlord…

  • PissLUR on 12/05/2021 - 17:39
    +1

    the real estate agent doesn't work for you. and it makes sense that they are looking for good tenant only.

    • Stylekind on 12/05/2021 - 17:55

      With this booming housing market and renting and with almost a month now and you saying they are looking for “good tenant “

      • gummibear on 12/05/2021 - 18:06
        +11

        With this booming housing market and renting and with almost a month now and you saying they are looking for “good tenant “

        They probably want a good tenant that will not leave during the contract period.

        • Blue Cat on 12/05/2021 - 18:15
          +4

          OP is gonna need a deal for burn treatment after this!

          • Stylekind on 12/05/2021 - 18:21

            @Blue Cat: Or they just want someone to pay 7 weeks bonds to them so that they can play with it as they like when the lease is finished

            • dizzle on 12/05/2021 - 19:59
              +2

              @Stylekind: I believe 4 weeks rent is the maximum they are allowed to take for the bond.

              • Chandler on 12/05/2021 - 20:07
                +1

                @dizzle: and in most (if not all) states, they can't just "play with it as they like"

              • esosite on 12/05/2021 - 23:31

                @dizzle: and technically they can take more than 4 weeks as you have to keep paying rent until the end of your contract date however long that may be

                • dizzle on 13/05/2021 - 01:02

                  @esosite: That's different. Yes you owe rent for whatever weeks you are there + however long to get new tenants (or end of contract).

                  OP was talking about 7 weeks Bond and REA using that at the end of the tenancy. If the bond was lodged with the relevant agency, then only 4 weeks bond would have been paid.

                  If he originally paid 7 weeks, it's probably the 4 weeks bond + the first 3 weeks of rent (which has probably already been used).

      • wizzy on 12/05/2021 - 18:23
        +2

        I don't know about your specific situation, but it can definitely take a month or longer to find a good tenant.

        A landlord wants a tenant with good income that can afford the rent without problems, good references, and a good rental history. This can take a while sometimes. The landlord doesn't have to settle for someone less than that if they don't want to.

        Again, I don't know about your specific situation, but it is possible that the prospective tenants you spoke to don't fit one or more of those criteria, and that is why the agent isn't responding to their applications.

  • bobkin on 12/05/2021 - 18:23
    +5

    A similar issue happened to us in SA. After receiving advice here to do so I contacted consumer and business affairs. They advised me to stop paying rent and wait for the tenancy tribunal claim for the amount owing. We ended up paying significantly less than what we would have if we’d kept paying rent, because it was clear the real estate agent hadn’t made an effort to re-let the property. I suggest contacting the Victorian equivalent of consumer and business affairs

    • Stylekind on 12/05/2021 - 18:26

      Thanks mate I was thinking for submitting the claim but I was not sure

  • thatonethere on 12/05/2021 - 18:38

    In Vic you can give notice, vacate, stop paying rent and then leave it to the landlord to find a new tenant. Only after they have found a new tenant they can then seek reasonable costs from you.

    See this link specifically Managing Costs

    https://tenantsvic.org.au/advice/common-problems/breaking-yo…

  • mskeggs on 12/05/2021 - 20:44
    +3

    You haven’t given them an empty house yet.
    It is not reasonable for you to insist the agent is acting improperly if they are waiting to assess all applicants, just because you are concerned that maybe, perhaps, possibly in the future they won’t move swiftly enough to fill the rental.

    You can easily avoid this concern by fulfilling your contract until the end of your lease, but you chose to introduce uncertainty by breaking the contract.
    That’s fine, but remember it was your choice.

    The applicants you spoke to may not be able to move in until several weeks have passed, or have other issues. Maybe the agent is seeking somebody who can take over immediately when you vacate so you won’t have to pay extra rent?

    You don’t know.
    Others have pointed out there are protections for tenants, and the maximum you can lose is the amount you had previously agreed to pay in rent anyway, so there is no incentive for the agent to delay finding a new tenant.

    I would continue to be cooperative and polite to the agent so they think well of you and are happy to see you avoid any extra costs.
    Accusing them of acting unprofessionally will not motivate them.

  • Maree2910 on 12/05/2021 - 20:50

    I have just broken a 12 month contract in Vic due to buying a house. I gave 4 weeks notice Under the contract u signed you will need to pay the rent till they find a suitable renter. So I had to pay rent even after the end of the 4 weeks notice I gave. They will also charge to re advertise and a penalty for breaking the lease. My agent took over 4 weeks to find a suitable renter even though I had moved out. You will not get the bond money back till the new renter takes over.

  • sunnyc on 12/05/2021 - 21:09
    -1

    Sounds like victoria. Your agent and owner are not great people.

    • dasher86 on 13/05/2021 - 00:08
      +1

      So OP breaks lease and the agent and owner are not great people because of this?

      • sunnyc on 13/05/2021 - 09:08
        +2

        I’m all three and substantially bigger in all three category. There is no compassion from the owner or the agent. Agents were the least trusted profession in Australia and these people paint a bad picture on the trade. Bond is a months rent not 1.5 months.

  • sk0rpien on 12/05/2021 - 22:23

    Should move into your new house and sublet the rental at a profit without the agent knowing

  • CyberMurning on 12/05/2021 - 23:57
    -1

    OP clearly losing the plot expecting support from ozb hahaha

  • Mythreesons on 13/05/2021 - 09:57

    We had the exact same problem, they charged us advertising costs and we had to pay a break lease fee of four weeks rent plus continue paying rent until a new tenant was found, they kept stuffing us around, trying to get more money claiming damage to the house (turned out that the person causing all the problems was the brother of the person who owned the house), we contacted him and told him we weren’t paying anymore and were contacting the rental tribunal, we got our bond back within a few days and only had to fix a leaking tap, lucky we found the house condition report ( we had lived in the house for years without any problems).

  • Porker on 13/05/2021 - 10:40
    +1

    OP, sounds like you want fault to be found. With those 3 you asked, do you have their background and rental history to be saying they are 'good tenants'?

    You maybe just want them to be so you feel better about breaking your lease.

    Anyone can apply for a lease. Not all will be accepted due to a number of reasons.

    Just sounds like you don't care to know because you want out. With your new house, if you were to rent it, would you accept the first application you receive or wait to find one that has (say) good rental history and will pay on time and not break lease contract?

  • OzHunterNSW on 13/05/2021 - 15:37

    Just cease paying rent on that day. Lodge a claim for Rental Bond.

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