Agent won't sign contract yet

[touchingcloth]

Hi,

I'd appreciate any advice on the following thanks:

I viewed a tenanted property for lease in Wollongong NSW which I want to rent. I applied, paid 1 week's deposit, and was accepted. To expedite matters I signed the contract to move in 4 weeks time. The agent didn't sign the contract though and took it away saying they'll sign it in 3 weeks as they don't want to enter an agreement until the current tenants have definitely moved out.

My problem is that I need the contract signed now so that I can give notice for where I live (21 days).

So at the moment there is a contract floating about with my signature on it, which the agent may sign or may not. It leaves me in limbo as the agent could technically sign it the day before the lease, and I would give notice to leave where I live then, and so pay double rent for 3 weeks.

So my question is, how long can an agreement stay unsigned, and can I force them to anull it whenever I want. If so, how would I prove that the contract was unsigned and unprovided by them.

Many thanks

 

[Alabex]

oo tough one...

i am not suprised at the agents position.. particularly if the tenant moving out has been troublesome. We certainly do not sign leases while there is a still a tenant in place for this very reason. Which for you means being between a rock and a hard place.

I suppose the thing is if you give notice and then the tenants of your new property fail to move out by the required date, you can fail to move out of your place by the required date in the same way.

In reality it rarely happens. In 7 years i can only remember one case where a new tenant had paid a deposit and the owner pulled out on the day they were meant to be moving in and instructed us not to sign the lease. the owner sold the day before and had a condition of vacant posession. From memory as it was a couple of years ago... the owner paid for a hotel for the tenants for a week and we rung every agent in the area and showed them all our listings and managed to get them a new place within the week.

 

[touchingcloth]

Many thanks Alabex for you thoughts. I will see how it goes with them but just can't take the leap of faith to give notice where I live, until I have a signed contract for where I am going.

 

[kathryn d]

Many thanks Alabex for you thoughts. I will see how it goes with them but just can't take the leap of faith to give notice where I live, until I have a signed contract for where I am going.

Go to the office and demand your deposit back, or a copy of your signed lease.

We have a similar situation here too, but the new tenant is aware of it.
We have a tenant who is taking advantage of her appeal rights and won't go. The new tenant knows it may be April 1 before we can get her in, but hoping for Feb1. She notified us she has given her notice to vacate for Feb 1, and will be moving into a motel until she have access to our property.