Friend AirBnB'd her rented place, PM found out, received 48 hour kick out notice
- Thread starter DavidMc
- Start date
Sigh, its not a great reply. There really wasn't any need to make that sort of threat.
You should have just written to confirm and refer to the mutual agreement to terminate - which I understand has already been made orally.
Your email makes it sound like there hasn't been an agreement and you are asking for it.
You should have just written to confirm and refer to the mutual agreement to terminate - which I understand has already been made orally.
Your email makes it sound like there hasn't been an agreement and you are asking for it.
I didn't want to go down this path however unfortunately the PM has been extremely rude and aggressive and has previously changed her story and now claims she never said 48 hours notice was given. I felt like I was talking to an 18 year old. I feared two weeks from today she's also try and deduct two weeks rent as well (which would cost my friend an extra $610) and just want to make crystal clear that should not happen.
Also, these PMs should know better - she's the head of the PM department.
Yes I can understand all that (trust me - I dealt with PMs like that literally for a living), but like you said, the most important thing is to protect against the PM trying to claim the extra 2 weeks.
And the best way to do that is to:
1. Remind the PM of that agreement to mutually terminate early, or as a second best alternative...
2. Create a written reasonably contemporaneous record of the oral agreement to mutually terminate early.
Anything else is probably just fluff to go with it.
I would say they're going to take the position of denying that 48 hours notice was ever given, and pretend like this is a standard break lease with 14 days' notice.
However... I seem to remember being told that once the landlord has issued a notice to leave, the tenant could leave earlier and would only have to pay up to the date that they actually leave. The notice is the maximum time the tenant has to leave, but once you've been told to leave, my understanding is that you can leave as quick as you like, and are only responsible for paying rent until you return the keys (i.e. hand back possession of the property). So under that scenario, the very latest that your friend would have to pay rent until would be today, when she officially got issued the notice to leave.
thatbum?
Yeah fairly sure there aren't such provisions in Vic (but one of the local agent forumites might be able to confirm or correct me).
So now your friend is in a bit of a pickle. This is why my original advice at the beginning would have been to ignore the "48 hour notice" - since your friend acting on it is risking an extra couple of week's worth of liability.
What's the plan now?
Like I said earlier, the email correspondence needs to address the issue of the mutually agreed termination, since that is the legal basis of your friend's position.
Hmmm. Looks like no joy there, is this the relevant section? s 219(a)
"on or after" is the wording that I assume indicates that you were right, thatbum, and it's not the law in Victoria. Bugger.
From the Tenants Union of Victoria website -
I did have a PM friend confirm what you say Perp, although from the TUV website it looks like it must be mutually agreed (and best to get in writing).
This is what I was trying to get with my previous email.
Good news - I've followed up asking what date they intend to use for the move out and she has finally confirmed the 3/5 we were after. Hopefully that's it (and that they are reasonable with the bond).
I did have a PM friend confirm what you say Perp, although from the TUV website it looks like it must be mutually agreed (and best to get in writing).
This is what I was trying to get with my previous email.
Good news - I've followed up asking what date they intend to use for the move out and she has finally confirmed the 3/5 we were after. Hopefully that's it (and that they are reasonable with the bond).
Yeah, no provision in Vic. I think it's NSW that you can just drop the keys without warning?
Tenants in Vic can give 14 days notice once a NTV is received, but obviously when issued a 14 day notice that doesn't apply.
Glad they're using the 3/05 for vacate. Although still doesn't mean that's the date they're going to use to refund the rent, just the date that the tenancy terminated.
What a messy situation, and really disappointed with the PM. The landlord was probably pretty p*ssed about the situation, but it doesn't give the PM the right to act in such a manner.
Hope it works out okay in the end, and keep us updated as to where it goes from here!
Tenants in Vic can give 14 days notice once a NTV is received, but obviously when issued a 14 day notice that doesn't apply.
Glad they're using the 3/05 for vacate. Although still doesn't mean that's the date they're going to use to refund the rent, just the date that the tenancy terminated.
What a messy situation, and really disappointed with the PM. The landlord was probably pretty p*ssed about the situation, but it doesn't give the PM the right to act in such a manner.
Hope it works out okay in the end, and keep us updated as to where it goes from here!
Not great behaviour by the PM but I think one thing is being overlooked. Your friend did something extremely silly and reckless, it was not in any way, shape or form appropriate for her to expose the landlords property to the risk she did. Sounds like she wanted to move out early anyway so if she ends up losing a little bit of $$ is it the end of the world?
Chalk it up to karma and move on maybe?
Chalk it up to karma and move on maybe?
I somewhat agree with you Sanj, but the way it was handled is disgusting.
Very unprofessional on the PM's part. I know the job is hard work, stressful, upsetting, often thankless and you cop abuse from tenants and landlords - but there's no reason to give that sort of behaviour back.
I don't think anyone has denied the fact that David's friend was silly and did the wrong thing. If the friend does lose some money, perhaps it is karma, but no one deserves to be treated the way she was and add to that the 48 hours illegal notice....
Very unprofessional on the PM's part. I know the job is hard work, stressful, upsetting, often thankless and you cop abuse from tenants and landlords - but there's no reason to give that sort of behaviour back.
I don't think anyone has denied the fact that David's friend was silly and did the wrong thing. If the friend does lose some money, perhaps it is karma, but no one deserves to be treated the way she was and add to that the 48 hours illegal notice....
Agreed, we'll put
Thanks Lil Skater. I agree. While the tenant has broken the lease agreement here, the PM has broken the law. Even a drug lab would get 14 days notice.
It's easy for a LL to think 48 hours but it was extremely difficult to arrange that. It took 3x people's whole weekend (and what if they had a wedding on or something?). Many items near new items went straight to the Salvos as there wasn't enough time to move and store it all.
Just so people know, it was far from the money making scheme most people here think of when they hear AirBnB. The property sat empty for many months (@ $310pw) before being rented out for about 7 nights ($130 per night). The AirBnB paid for about 3 weeks rent.
Obviously the tenant didn't live up to their agreement and should be given notice to vacate but why should it have to get all nasty like it did? I didn't see what it achieved (other than making it harder and more stressful for everyone).
It's easy for a LL to think 48 hours but it was extremely difficult to arrange that. It took 3x people's whole weekend (and what if they had a wedding on or something?). Many items near new items went straight to the Salvos as there wasn't enough time to move and store it all.
Just so people know, it was far from the money making scheme most people here think of when they hear AirBnB. The property sat empty for many months (@ $310pw) before being rented out for about 7 nights ($130 per night). The AirBnB paid for about 3 weeks rent.
Obviously the tenant didn't live up to their agreement and should be given notice to vacate but why should it have to get all nasty like it did? I didn't see what it achieved (other than making it harder and more stressful for everyone).
Thanks Lil Skater. I agree. While the tenant has broken the lease agreement here, the PM has broken the law. Even a drug lab would get 14 days notice.
It's easy for a LL to think 48 hours but it was extremely difficult to arrange that. It took 3x people's whole weekend (and what if they had a wedding on or something?). Many items near new items went straight to the Salvos as there wasn't enough time to move and store it all.
Just so people know, it was far from the money making scheme most people here think of when they hear AirBnB. The property sat empty for many months (@ $310pw) before being rented out for about 7 nights ($130 per night). The AirBnB paid for about 3 weeks rent.
Obviously the tenant didn't live up to their agreement and should be given notice to vacate but why should it have to get all nasty like it did? I didn't see what it achieved (other than making it harder and more stressful for everyone).
It's easy for a LL to think 48 hours but it was extremely difficult to arrange that. It took 3x people's whole weekend (and what if they had a wedding on or something?). Many items near new items went straight to the Salvos as there wasn't enough time to move and store it all.
Just so people know, it was far from the money making scheme most people here think of when they hear AirBnB. The property sat empty for many months (@ $310pw) before being rented out for about 7 nights ($130 per night). The AirBnB paid for about 3 weeks rent.
Obviously the tenant didn't live up to their agreement and should be given notice to vacate but why should it have to get all nasty like it did? I didn't see what it achieved (other than making it harder and more stressful for everyone).
The first mistake was not asking permission to sublet, but her second mistake was moving so quickly and acting on the illegal notice, but that was obviously due to panic and not knowing the agent was not entitled to ask that of her, and needed to issue correct notice.
(Drug lab wouldn't get 14 days' notice either, cops would be all over them well within 48 hours I'm sure
).
It is a shame you were not able to jump in before your friend made decisions to give things to charity that she might otherwise have kept.
You are a good friend though, and I hope she gets a refund of what she is due seeing she moved so quickly.
(Drug lab wouldn't get 14 days' notice either, cops would be all over them well within 48 hours I'm sure
).It is a shame you were not able to jump in before your friend made decisions to give things to charity that she might otherwise have kept.
You are a good friend though, and I hope she gets a refund of what she is due seeing she moved so quickly.
