lease changeover.

HI.

Here's a story with a question attached


1) the tenants to one of my properties finalised a lease at 18 May. (Tuesday)

I didn't hear squat from the real estate agency so contacted them on Friday evening

2) I went to visit the property on the Saturday afternoon, with some plants to whack in the garden

a) beer bottles and rubbish in the garden
b) burnt!!? patch of lawn
c) torn flyscreens
d) peeking in the window it was empty but grubby

etc etc. Not terrible, but not clean and in a condition to rent out.

So I contacted the agency again with a list of items to rectify.

Also - the tenants are behind in their rent.

I get a call on the Monday - and by Friday the Rental 'manager' had managed to do one of the things on the list (change the photos on the internet to make it look a bit nicer).

the tenant is still behind in their rent though.

So I met the agent on site - Yesterday (Saturday). Now nearly 2 weeks without being paid rent.

The tenants were on-site _SANDING THE WALLS_.

Keep in mind this was a brand NEW property 18 months ago.

I outlined very clearly that I was unhappy with the way this was being managed.

I asked the manager to stop the wall sanding and get a professional in to re-paint the walls.

They agreed (they also have to replace one rooms carpet as there is wax spilled & cigarette burns.

I also said - given that the place was not rentable - effectively they are still paying rent.

The rental manager didn't seem to understand what I was asking - heaps of excuses around the tenants and just frankly annoyed me.

Question: Should the tenants still be paying rent up until the day the exit report is signed off?

I expect that all these things will get fixed - but will require now professionals to do the job (Painter, carpet layer).

Am entitled to the lost rent - even though they've "handed in the keys" two weeks ago?

Property manager didn't think so..

BTW I will be firing the property manager - but will push them to restore the property to 'as new less fair wear and tear' condition.

PM me if you want recommendation as to which agency to NOT use in Victoria Point.
 
We had a similar thing happen recently. When the evicted tenants (evicted because they were always late with rent) took two weeks to finish off all the little things that needed fixing. I wondered about the fact that they still had access to the place without paying any further rent as well, but seeing as they had never paid the last week that they were officially living there anyway, asking for more seemed like a lost cause. It was never suggested that they should pay for the extra time they were taking rather that they were in some way entitled to time to properly clean and find replacement parts for any little things they might have broken like light fittings etc. Never mind that they had had three months notice that their lease wasn't being renewed. Not to mention the extra couple of weeks they asked for and were given because the place they had found wasn't ready yet. Ample time I would have thought to do whatever needed doing. Finally after two weeks we said enough is enough, we want anything still not fixed to be taken out of the bond.

So lots of luck asking for further rent, although I aqree with you totally. As landlord you can't put tenants in because of the way they have left it. Given that in our case they still had keys and access one would think that would mean they should still be paying but we all know the system doesn't work for the benefit of landlords.
 
alwayscurious...some info for you,

1) Finalised lease on 18 May 2010 - handed keys in, end date stated on lease and documentation to tenants - this would be deemed under the RTARAA 2008 (Qld) as "handed over".

Because they are behind in rent and the property is still not in a rentable condition, does not bind the tenant to continue paying lease (sorry, not what you wanted to hear...)

2) The fact that your agents had access to the property since handover, I can't see why they were unable to attend asap to re-establishing the property into a rentable condition given they were very well aware of the way it was handed over...we are now two weeks away. (I have for one of our clients-user in here - completed a mini makeover in the space of a week and a half from a feral condition (purchased - I didn't manage it!!) - new tenants start this Thursday.)

I think during this period of time your pm should be in contact with you everyday or every second day to update - until such time as all matters are completed. At least you as an owner know where you stand.

Not all contractors can be accessed at our convenience - but if we most of it done, you wouldn't be so upset.

PM me if you need more help dealing with your property managers...I am happy to clarify with them what has been done, what needs to be done - and advise you where you stand.

There are other matters you need to consider with costs - how much rent is behind, how much work needs to be done - and you want all this done asap because you are now without rental income...
 
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