Friend AirBnB'd her rented place, PM found out, received 48 hour kick out notice

Discussion in 'Property Management' started by DavidMc, 30th Apr, 2015.

  1. DavidMc

    DavidMc Member

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    A friend of mine was renting a place. She then met a guy, they became quite close and eventually they became and item and she was staying at his place most nights.

    As she was paying rent on an empty apartment a friend suggested she should put it on AirBnB to help pay the lease. I'm sure there are clauses in the lease agreement about sub-letting and she wasn't supposed to do this. She rented it out 5 times for about 1-2 nights per stay.

    Now, her PM found out and gave her 48 hours notice to vacate the property.

    Agreed - she shouldn't have sub let it like this, but kicked out with 48 hours notice? I would have thought she'd be given a week or so to wrap up. She's got a whole apartment of furniture, beds, whitegoods etc to move out and has to arrange moving it and storage and all that.

    Also, she has just paid a whole months rent just two days ago.

    Should she get her month rent and bond back in this scenario? The property is still in perfect condition.
     
  2. EN710

    EN710 Member

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    Where is the property? Can PM even do this? I never heard 48 hours notice for breach of tenancy

    Yes I think.
    Renting out the apartment does not make the landlord entitled to all the rent.
     
  3. D.T.

    D.T. Property Lookerafterer

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    Would love to see what grounds the 48 hr notice was on.

    Even illegal activity in property has 2 weeks as per http://www.tenantsrights.org.au/Publications_Archive/ILLEGAL USE changes.pdf

    Shouldn't effect bond I wouldn't think unless there was some costs involved? If considered an early exit then perhaps they're talking about reletting costs?

    Needs more info before can comment further.
     
  4. BayView

    BayView Member

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    From memory, it is in the Tenancy Act that you cannot sub-let the premises, and/or conduct a business on the property without the LL's prior consent.
     
  5. D.T.

    D.T. Property Lookerafterer

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    In some states, landlord isn't allowed to say no to sublet request. I assume airbnb is unreasonable though. Still isn't a 48hr notice.
     
  6. DavidMc

    DavidMc Member

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    There is no argument on this. She wasn't supposed to sub let.

    Question is - is 48 hours even legal and what about the months rent and bond?

    My opinion is the rent and the bond should be refunded, minus any normal reasons you'd deduct money from a bond (damage, etc, which there is none). To me it would seem reasonable to pay a portion of the re-letting fee (as per a regular break lease situation).

    Note - it's in Victoria.
     
  7. D.T.

    D.T. Property Lookerafterer

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    Review http://www.lawhandbook.org.au/handbook/ch10s01s06.php (its Vic based). There's a few types of evictions there - look at the timeframes involved - generally 14 days, 28 days, etc. I think there's also a 120 day in Vic. There's no 48hr. Note that the notices all allow 2 clear days of delivery to reach the other party, too.

    Was there a proper Notice To Vacate issued? How bout breach notices prior to that? What does the NTV actually say?

    Urgent tribunal visit perhaps? Needs more info though.
     
  8. DaveM

    DaveM KFC Buyers Agent

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    Your friend needs to contact the agent and ask them under what section of the Vic rental act is the 48 hours notice being given. Watch them back pedal.

    Your friend can then go "oh I didnt know sorry it wont happen again" and then they can either give a no reason termination to her, or she can give the appropriate notice based on if she is in a fixed or periodical.

    PS is this your friend?
    http://www.news.com.au/travel/trave...rug-induced-orgy/story-fn6yjmti-1227328713235
     
  9. S.T

    S.T Member

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  10. jerrybee

    jerrybee Member

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    Which states, out of curiosity?
     
  11. No Probs

    No Probs Member

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    Doesn't sound right at all, I'd be getting your friend to question the REA as others have already alluded to. Although, if she's staying with her boyfriend maybe it's a good excuse to finish her lease earlier and save on rent.
     
  12. DavidMc

    DavidMc Member

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    Yes. The main concern is the months rent just paid and the bond.

    With AirBnB being the hot topic at the moment I'll keep everyone posted.
     
  13. D.T.

    D.T. Property Lookerafterer

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    Perhaps answer the questions given by people in this thread and they might be able to assist further?
     
  14. DavidMc

    DavidMc Member

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    Thanks for the link simtr.

    I would have thought it would be this one -

    It would be stretch to say anyone was in danger and there was certainly no malicious damage. The quick move out period isn't too bad given she'll save on rent (as long as it's refunded, which is the real concern).
     
  15. thatbum

    thatbum law talking guy

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    Sounds like the PM is completely full of it - 48 hours lol.

    Believe or not, just because there is a breach of the sub-letting clause, doesn't necessarily mean termination will follow.
     
  16. Alex M

    Alex M LREA - Property Manager

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    48 hours is a bit rough!
    I know that NSW is 14 days notice, not sure where the property is located but can't see 48 hours being correct.
     
  17. Ausprop

    Ausprop Member

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    she didn't want the place anyway. Does she want it or not?
     
  18. elsLan

    elsLan Member

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    Notice to vacate due to subletting is 14 day notice.

    The pm could only have served 48 hours

    243(1)?damage
    you or your visitor have (by act or omission) maliciously caused damage to the premises or common areas.
    244(1)?danger
    you or your visitor have endangered the safety of neighbours
    Please note ? this notice may not be given if a notice to leave under S368 has been given in respect of the same act or omission.
    245(1)?unsafe premises
    the premises are unfit for human habitation, destroyed totally, or destroyed to the extent that they are unsafe.

    Otherwise it's 14 days.

    The reason must be listed on the official notice. Without the exact reason it's invalid.
    Even if she takes longer to vacate they can't do anything. Wait times for a hearing are at around 2-3 weeks anyway. They can't change locks or forcibly evict her without a tribunal order.
     
  19. Ausprop

    Ausprop Member

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    cool so she can just keep airbnb'ing it and pocketing some cash?
     
  20. DavidMc

    DavidMc Member

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    Good idea. I will ask her to get a formal notice to vacate.

    An early exit suits everyone (although she needs more than 48 hours to move, as the earliest she can get a mover is this Saturday).

    The real issue is the months rent and bond refunded.