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I remember when we went to America, we lost the TV remote and couldn't find it anywhere - Once arriving back in Australia we found it in one of our bags, I swear we checked the bags before hand!

If the property was rented it means the tenant has already paid their bond money and their rent. It is not officially rented until this has happened and the lease agreement signed. That's how it works in my office anyway. Did they have other tenants lined up? No, therefore lost nothing...

The only problem is, tribunal. I agree that the tenant should pay until the property is habitable for another tenant to move straight in, this includes the property being clean. ALTHOUGH - If this case was brought to tribunal, they will probably say that the tenant didn't take up occupancy of...

Thanks James! So I was right about withholding the rent, but I wasn't about the access after the keys were handed in. I could've sworn that I read through this in my course though, so maybe it's just what's taught to agents to keep VCAT for bigger matters. Personally though, as these are...

Those rules do suck.. In Vic we have different notices to vacate depending on the situation. Anyway, back to the rent money. All I know is the tenant is allowed time to rectify any problems outlined in the final inspection or they can nominate to have it taken out of the bond. If the problem...

You have the right idea - But this wouldn't get through tribunal. Most residential tenancy laws here are in the favour of the tenant. Like the LL must give so many days notice to vacate and if there isn't a reason it's 120 days, but for the tenant it's 28 days no matter what and if you serve...

Nope, I'd just tell them they can have the key back the next day for that day. If they chose not to I'd go after the bond and if they didn't return the key i'd change the locks and be done with it, no big deal if you act swiftly. I think you need to calm down about the whole situation as it...

Well I guess I see what you mean, but it didn't state whether the tenant was on a fixed or periodic lease - So it's not clear. There should've been a date set, so there was no confusion. This should've been cleared up by your PM, just because you're flexible doesn't mean squat - The tenant...

Well in Victoria a tenant can vacate at any time, I'd imagine this would be the same in most states - but there are a number of different scenarios. When a fixed lease runs out it automatically turns into a periodic or month to month lease, this means that the tenant or LL can give notice at...

Not quite, I meant the date that would have been specified on the offical notice to vacate. The lease agreement itself is generally irrelevant on that count, unless the tenant is vacating on or before the end of a fixed lease. So as long as the tenants have given the correct notice to vacate...

If it were that bad, you should've left it and told the PM to chase them for bond money to cover the cleaning of the property. As I said, rent is separate to cleaning and maintenance. Usually if the property needs repairs or cleaning a PM will allow them to collect the keys again for the...

Surely this is an entirely different issue as they weren't residing in the property? Yes, they should've cleaned up properly when vacating but the cleaning issue is a separate issue and should be addressed separately. Check the legislation. May I ask, what date did they say they were...

Well it depends. If the tenant said they were vacating on the 25/10/10 but they had money on their account which had them paid to the 27/10/10 - then yes, they are entitled to their money back. However, if they said they were vacating on the 27/10/10 but handed the keys back on the 25/10/10 -...