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Mango - are you sure about this ? Even if the rent is up to date ? I have yet to take advice on this issue.You can terminate this tenancy with no explanation before 6 months.
I've stretched it from the 25th to the 29th. I'm not 100% sure when they moved in - in fact it could have been after the 29th but I know for a fact most items were there by the 29th. I definitely think I'm being more than fair - it's a gesture of goodwill as a last attempt for a peaceful relationship.Can you confirm that you have basically given them a free week (22nd v's 29th). If so, I think you have been more than fair considering the few things that were not in place when she moved in.
Marie - are you my tenantIf on top of that the owner treats me like a naughty 4-year-old and threatens eviction if I don't shut up or put up I would most certainly activate every mechanism for redress for these (quite serious!) issues.
so trueThe agent just want to be able to hand over the key & then run for the hills with your money in their pocket!
Agreed Mr.Man!
For the sake of the tenant I hope sense will prevail. Freezing dark January is a difficult time to traipse round looking for a roof to put over your head soon after you've lost your job.........
is the only way to evict a tenant a very long and protracted trip thru PRTB red tape?
however the landlord also needs to be firm and business like to ensure that they don't get taken for a ride
he is adamant that she DID see the apartment before she signed the lease as obviously it would be irresponsible and asking for trouble otherwise.
He said that it was all going fine - he let her in - showed her around - she signed up - got the keys and then followed him down to the carpark to say she wasn't happy.
sam - I'm wondering if you legally have to contact the PRTB first ? If everyone did that when they had problem tenants there would be a lot of tenants with free accomodation out there. I think the only way to do this is to read the RA Act from start to finish which I haven't gotten around to yetI'm sure the PRTB is there to protect tenants not to act as immediate mediators during disputes - I'd say they represent tenants afterwards.
As far as I know, the answer is yes and no. No, if there is a fixed term lease in place; yes, otherwise (28 days notice would be required).Some of the areas I thought I know before but now I'm not so sure - for example:
- can a landlord evict a tenant without any reason within 6 months?
No. If the landlord wants to sell the property, allow a family member to use it, renovate it... (there are a list of other reasons in the RTA 2004) and the tenant does not have a fixed term lease (or the lease is up), then all the landlord has to do is serve adequate notice which states the reason for terminating the lease. If the tenant does not comply with the obligations of the tenancy (there is some leeway given for late payment of rent) they can also be given notice regardless of whether it is a fixed term tenancy or not. For antisocial behaviour the notice required for eviction is only 7 days. In all cases, the PRTB only need to get involved if the tenant disputes the notice and they will have 28 days to bring it to them after the notice has been served.- after 6 months, is the only way to evict a tenant a very long and protracted trip thru PRTB red tape?
This is definately a grey area. I think the tenant could be liable for the remaining rent until their lease is up (but I have not heard of a case where this has actually happened). There is a problem also in that the tenant has the option of requesting the landlord to assign the lease to someone else. If the landlord does not allow them to do this, the tenant is actually allowed to break the lease legally. If the deposit is witheld, the landlord must be able to justify it.- if there is a one year lease signed & the tenant move out early : does the deposit have to be returned?
Cityliving, unfortunately it's not as simple as saying the fixed term lease will override the RTA. It depends on which aspects of it you consider. For example, the notice period in the lease can not be made any shorter than that specified in the RTA (so you could say the RTA overrides the lease on that point).Afuera:
Are you sure about the fixed term lease over-riding the RTAct. It seems as far as I understand it that fixed term leases are not important any more as even if you give a 1 year fixed term lease the tenant has in fact a 4 year tenancy.
If you have signed a fixed term lease for greater than 6 months then giving them notice before 6 months is irrelevant. Most lease agreements give a date rent is due and the manner in which it should be paid. They also state that if rent is late, termination maybe a possibility. The 2004 residential tenancies Act states that if rent is late the landlord must request it in writing and give 14 days notice for the tenant to pay. As far as I have been informed once the tenant complies with this you cannot issue a notice of termination as you cannot contract out of your landlord obligations as stated in the Act, irrespective of your lease. Also if they are repeat offenders i.e. always late with rent you have to go through this procedure every time. Basically once they have their rent paid up after been written to they are in the clear again.
Also if you are issuing a notice to terminate make sure you comply with its format as stated in the Act. If they don't leave ie overholding the property then contact the PRTB, do not kick them out yourself as the penalties for so called illegal eviction are high.
As far as I can see the Act totally favours the tenant and if they want to be a nuisance they can be, however frustrating it can be.
Most of the time you can get them to move on without going down this route but if they are really stubborn or lazy they can be hard to move on.
Good advice and they haven't done this as yet though they've been asked to by the agency apparently.if the person has claimed to have a grievance, then ask them, in writing, to put the grievances on paper
Get rid of them. I've been sub letting my apartment for years and these people do not improve; they just get worse.
I hate to tell you but most people are total losers when it comes to paying rent. It's quite amazing really.
Give them a months notice and get rid of them.
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