We have a rental property that a perspective tenant signed the lease for 12 months and paid a bond. The day before moving in they are pulling out. The real estate is saying they will keep one weeks rent and advertise the property again. Does anyone know if it is correct that they are only required to pay one weeks rent? We would really appreciate your view on this. Thank you
Tenant Cancels Contract before Moving in
karenestelle on 30/11/2023 - 19:28
Comments
Different with each state, check the contract where the break fee clause is.
For example in NSW, the break fee could be 4 weeks rent if leaving above 75% of the length stated. In this example, the tenant will need to pay an extra 2 weeks and you keep the 2 weeks bond (if it's 2 weeks).
*prospective
Why not read the contract itself? Should be your first step.
You are paying a REA for their professional advice.
And you are now asking a bunch of internet warriors
Go with what you pay for
Yeah, but still, we are professional internet warriors.
Fair call
More than professionals. I'm a veteran of Digg, and I fought in the (debate about the WMDs evidence for the) Iraq War. I've earned my (carpal tunnel) scars. I survived the Ron Paul and Bernie Sanders candidacies.
I've seen comment sections on fire off the shoulder of Orion. I watched F-bombs glitter in the dark near the GamerGate. All those moments will be lost in time, like tears in rain.
Time to shitpost.
keep the bond move on - you're a landlord the system unfairly hates you and it will likely cost you money to chase these bums - even if you take'em to VCAT they probably wont ever turn up
i'd keep the bond find new tenants and move on
I'm sure they will take OP to the tribunal.
I have no idea sorry but wanted to ask if you have a working dishwasher in your rental house?
I understood that reference
One week? That is ridiculous…keep the bond.
Illegal.
Make the as*hole tenants fight it out in court :)
court, lol. Wouldn't it go to a tribunal first?
And if it goes against you then you get to pay two lots of legal bills.
If you're in SA, you can claim:
loss of rent until the property is relet
advertising
reletting – fee charged to the landlord by an agenthttps://www.sa.gov.au/topics/housing/renting-and-letting/ren…
No, they should be paying till the bond is gone or you get a new tenant, whichever comes first.
That's illegal
How is that illegal, if someone signs a 12 month contract then reneges on said contract, they can hold you accountable to that contract till you find a new tenant.
What is the purpose of a bond ? The purpose is to make sure you follow through on the contract you signed.
It is illegal to withhold the bond for the purpose of rent in arrears, m8
@ThithLord: There is no rent in arrears, they refused to honor the contract, how can you pay for rent when there is no rent forthcoming.
Its to cover expenses while finding a new tenant.
Details will be by whatever break lease conditions are in the contract. My rentals usually required any listing fees/costs to be taken from bond, including rent until a new tenant was found.
If there are any edge cases for someone breaking contract before even moving in I am unfamiliar, talk to your REA.
They should at the very least claim any fees they plan on taking for re-listing out of the bond.
It's not like you're going to be unable to find a tenant given the current low rates of vacancy.
But these people clearly need to learn a lesson
bikies,
jv
or whingepool?I got confused and now I'm in a hot tub with jv and gang of bikers.
This is just like the start of one of my uncle's movies!
I have a certain database.
My honest advise: Sell
Op Check popular local school if your tenant has used that residential tenant contract to get their kids in.
Happened with a friend already, she was lucky to know it cause her good local contactsIf it is a decent property it will be let in a week anyway.
If they've already signed the lease, they are responsible for breaking it. The conditions will vary depending on how the lease is written. Example terms include paying advertising fees and covering rent until someone else takes the property, within reasonable limits. The bond can be used to cover money owed under the tenancy agreement, not just repairs - though check if it's different in your state. Find out if the real estate going to charge you to list it again.
You can be magnanemous and just try to cover your actual losses. They likely have some serious problem to deal with already if they are pulling out after paying bond. When I was renting we had to break lease once due to a serious, potentially fatal long-term illness that could not be treated in that town. If you use this as an opportunity to profit instead of just covering your costs, you may be profiting off someone else's bad fortune in thier time of need.
If they've just changed their mind though they may need to learn a lesson in the importance of contracts.
averaging all comments leads me to believe that the OP can do whatever the hell they want
What happens to make a person cancel the day before?
Check the signed contract and go from there.