I need some advice tenants rights?

[NORTI]

Hi guys,

Im currently renting a place that Ive been in for almost 3 years.... Now my lease is due up on the 4th Jan, I was wondering why I hadnt recieved a renewal letter as yet, but thought Id give it another couple weeks...

Anyway I got a TXT msg on friday asking me to call the rental office urgently, I did this & was told that the LandLords want me out in 5 weeks time.....

I asked why I didnt get anything in writting & they said they sent a letter but it might get to me next week... WTF??

Now this happened at 4pm friday & I wasnt able to get hold of the RTT, and I have people telling me that I can tell them to get stuffed until my lease runs out, or that I can ask them to pay my moving costs, or I wont have to pay rent etc until I find a place from now on??

Now does anyone have any experience with things like this??

Im a bit upset with the timing, as 5 weeks time will see me just out of hospital from surgery & still with a week or so of school left for the kids.... basically NOT an ideal time to be moving, not to mention its just 2 weeks before xmas!



Any advice??

[vlv8vic]

dunno about SA.
here i only have to give a tenant 4 weeks notice and don't have to provide a reason.

Unfortunately such is life when you live in someone else's property. I know it isn't fair and i'd do everything i could as a landlord to make it easier but the bottom line is that i buy properties to make me money, as do most others who invest their hard-earned money into houses for other people to use.

You'll get heaps of those comments you speak of re moving etc. Lots of them will be BS because people get angry on your behalf. That's human nature. I'd suggest waiting til monday and ringing whatever the tenants society is called in SA rather than gather false hopes of free moving or free hotel suites (yep- ive been told by a tenant that was their right!!!) or free anything for that matter.

Sorry to be a downer on it....

[Joe Peeps]

well said ^

Did you actally read your tenancy agreement when you signed the lease?? that will answer your questions. ill have a look for the legislation - did they say why they were terminating the agreement? the reason is important - they want the house back doesnt count!

[88GreenVN]

I think its 60 days notice in SA.

FIGHT.

[ClairBear]

That's horrid news Danni, and something all tennants dread - having to move because the owner wants the house back.

I do know having been in a situation many years ago when I was renting that if I was unable to find a place by the date I had to get out, they couldn't throw me out on the street that day. Luckily I found a place and was able to move the day I had to vacate.

But I guess the bad news is, looks like if you do get written notice next week, you have to leave.

Periodic tenancies

[jatsvl]

hang on, if you broke the lease you would be required to pay the rent for the remaining duration and lose any bond monies, what are their reasons for breaking the lease? worth investigating further with the tenancy tribunal when you get the notice and see thier reasons. unless you are a problem tenant, that is just bs.

ok I just read the link posted above and that is total bs what is the point of a lease if anyone can just cancel it any time?

[ClairBear]

hang on, if you broke the lease you would be required to pay the rent for the remaining duration and lose any bond monies, what are their reasons for breaking the lease? worth investigating further with the tenancy tribunal when you get the notice and see thier reasons. unless you are a problem tenant, that is just bs.

It only goes one way if you check out the link I provided. The Landlord does not have to compensate a tennant if he wants to break the lease, after all it's his house/his rules. Renting and facing eviction at any time is a known risk that people have to face.

[Joe Peeps]

that link is for a periodic tenancy - this is a fixed agreement being terminated early... there are exceptions such as hardship to the owner etc. truth be told there are enough loopholes they can get you out legally but you may have a case

[Low_VX_Taxi]

Hi guys,

Im currently renting a place that Ive been in for almost 3 years.... Now my lease is due up on the 4th Jan, I was wondering why I hadnt recieved a renewal letter as yet, but thought Id give it another couple weeks...

Any advice??

PAGE 5 POINT 3
(1) A notice of termination must:
(A)Be in writing; and
(F) give the reasons for ending the agreement (if any)

PAGE 6 POINT 5.

(1) When and how much notice can be given depends on the type of residential tenancy agreement and the reasons for giving notice.

(2)there are 2 types of agreements; "fixed term agreements" and continuing agreements"
(A) a "fixed term agreement" is one that is for a specified period of time and ends on a specified date. If the date this agreement is due to end...has not passed you are still on a fixed agreement;
(b)A "continuing agreement" does not end on a specified date. These agreements usually begin when a fixed term agreeement expires and a new one is not entered into....

PAGE 6 POINT 6

A fixed term agreement may be ended for the following reasons. provided at least 14 days' notice is given:

(a)if the tenant breaks one of the agreement terms;
(b)if the tenant is more than 14 days in arrears of rent;

So if you are on a fixed term agreement and you have not breached any of the agreements terms or late in rent, they can't really kick you out before the end date set out in the tenancy agreement, however if you are on an unspoken continuing lease:

PAGE 6 POINT 7
(2) a continuing agreement may be ended by a landlord in the following ways:
(A) without stating a reason (In which case at least 60 days notice must be given)
(B) on exchange of a sale contract that requires vacant possession of the rented premises (in which case at least 30 days notice must be given);
(c) if the tenant breaks one of the agreements terms or is more than 14 days in arrears of rent (in which case at least 14 days notice must be given).

I am not sure if tenancy agreements vary from state to state and I suggest checking your tenancy agreement...

[NORTI]

Im on a fixed term, not periodic, I know this as I asked for periodic last time it was due up & they said no. So I figure then I do have the house until 4th Jan, they said on the phone the owners want to move back in, I pay my rent on time etc, I havent gotten a notice to vacate previously. Someone else also mentioned they need to give me 60 days notice, clearly they have not done this.

Im ****ed off at the rental agency, I said I would try & find a place in the next 4 weeks to play nice, & I asked if the agency would be able to help relocate me, their answer was there are property sheets in the foyer of the office.....

Well thanks!

So looks like Im going to have to try & find a place & be moved in before my surgery..... & get kids in another school....

Ah its times like these I regret my walking away from a house/marriage, as Im not currently in a position to buy one now....