I emailed my property manager to not look for a new tenant as I was planning to sell my property.
Weeks later, I just got an email that a 12 months leased has been signed.
Can this lease be cancelled?
Any advice appreciated.
Advice - Property Manager Signed Leased When I Said Not Look for a New Tenant
LAnimation on 09/06/2023 - 21:56
Comments
Have they already moved in? You gave your instructions, the agency would have to make things right for the new tenants whatever it costs them. You should not be out of pocket.
P.S. I would argue the contract is invalid….
You can try to argue the contract is invalid, but you'd be wasting your time.
What OP should be doing is pursuing his agent.
I would reply to the email with a copy of your original email stating that you did not want a new tenant.
Tell the property manager to cancel the lease immediately, and since it was entirely their error, they are 100% responsible for financial compensation to the tenants.
Yes, the agent acts on your behalf. If you have clear documented instruction to not lease, then cancel your agreement with real estate. You don't need property management if your selling, that would have probably been the thing to do at the start
Wait a minute, doesn't the, you know….landlord….have to sign the lease?
I have an agent but I still signed the lease.
As a landlord, I have been renting out a place for 5+ years across 3 tenants and have never signed a lease…
Pretty sure the agent saw your email and ignored it.
They want their letting fee, marketing fee as well as their 6%(or whatever it is where you are).
If your tenants have a signed lease agreement get ready for a drawn out battle in XCAT
Did existing tenants sign on for further 12 months?
If so that meets your requirement of "Not Look for a New Tenant"
.That’s an interesting point…
If the agent re-signed with the current tenant that would not be a “new” tenant 🤔
I have an agent, and I sign the tenancy agreement every year when the lease is renewed with the same tenants.
And the agent takes their cut every year?
AFAIK you still need to sign the lease. As a tenant I signed a lease and made arrangements to move. Then the landlord saw there was an “error” in the price and refused to sign the lease. For me, it was either pay the extra or find a new place. Nothing I could do. I had no time to find a new place so I just had to suck it up. Basically, I believe you need to sign the lease for it to be valid. You’ll probably cost your tenants a bunch of money, but who cares, that’s their problem.
Did you get it in writing?
The old tenants moved out as I was preparing to sell so I asked them not to find new tenants.
The lease is now signed with new tenants and moving in 2 days. I didn't sign the lease.
As Iwantthebestprice has shared if I want to cancel the lease agreement it will be hard with XCAT.
The old tenants moved out as I was preparing to sell so I asked them not to find new tenants.
After the last tenants moved out (and you sent them the email), did you still have a valid agreement/contract with the agency? If your agreement expired after the last tenants moved out, then let the agency sort it out with the new tenant.
What's the saying…"possession is 9/10ths of the law"
I would change the locks and let the tenants fight it out with VCAT and the Real Estate for lawful access…. lol
Perhaps your email went into the agents spam folder?
Can't you still try to sell your place now?
Whatever you do just give the new tenants as much notice as possible. I'd hate to have my residence evaporate because some idiot agent can't read emails.