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

[DavidMc]

Thank you Wylie. I agree with your take on it. I felt if I hadn't intervened the PM would have avoided calls/emails and then charge another 17 days rent and have the tenant pay for her mistake ($752). Obviously this is not fair, if a PM insists on 48 hours then that should also be the end date for rent too.

Not to mention she was abusive and bullying a tenant (and who knows how many others she bullies and gets away with it). Hopefully she'll think twice now.

Who knows what would have happened with the bond previously. At least I think it will be fair now.

 

[elsLan]

Thank you Wylie. I agree with your take on it. I felt if I hadn't intervened the PM would have avoided calls/emails and then charge another 17 days rent and have the tenant pay for her mistake ($752). Obviously this is not fair, if a PM insists on 48 hours then that should also be the end date for rent too.

Not to mention she was abusive and bullying a tenant (and who knows how many others she bullies and gets away with it). Hopefully she'll think twice now.

Who knows what would have happened with the bond previously. At least I think it will be fair now.

Always get everything in writing
A notice to vacate must be in writing on the prescribed form. No notice- no validity. Im pretty sure i mentioned this in my post/reply to you at the start.
Anyway, the pm is very unprofessional and has demonstrated her lack of legislation knowledge and inability to deal with people respectfully.
The rent will need to be paid up to end of notice period unless you can prove the pm said 48 hours- it's a case of he said she said. If it goes to vcat it may be argued that the tenants rights were contravened under the agreement (whilst also admitting fault for subletting without consent) and rent should only be paid until she was no longer in possession.
However, ending a lease by mutual agreement can also include provisions for lease fees/advertising contributions. I have been in this situation before and my tenants were ordered to contribute although I had not issued a notice to vacate.