Need Urgent advice: Rent Arrears

[jakemarquee]

Hi im Jake im from Melbourne, I would really appreciate some advice here.
My rent is due on the 8th of every month, it was due on the 8th of October, the total rental due was $2350 of which i have paid 1750, which is 75% of the rent i have paid my rent for 22 days out of 31 days, so i have actually paid my rent up and until 30th of October, I really didn't have the money to pay the rest of the amount i tried speaking to the agent but she was adamant that if she doesn't receive the rent by Friday(which was the 21st) she would send me a notice to vacate, now the remaining amount accounts for 7 days of rent.
I was wondering if she can really send me a notice to vacate or was she just threating me. Cause from what i have read a person needs to be 14 days in arrears to be qualified to be penalized . So do i fall under that category cause it just over 14 days since the rent was due but i have paid 75% of the rent and the remaining accounts of 7 days of rent.
Your advice and help would really be appreciated !
Thank you

 

[twobobsworth]

Is this a gee up?

 

[jakemarquee]

Honestly why on earth would u say that ? rather couldn't you just tell me if i would be served a notice or not ? that is if u knew whether i would be served one.

 

[marg4000]

I just googled "tenant's rights Victoria" and got the following website:
http://www.vic.gov.au/health-community/housing/renting-leasing-tenancy.html

There may be information there or at least contact details for your to find out more about your present situation.
Marg

 

[The Y-man]

Jake,

Please refer to

http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting?OpenDocument&1=910-Renting~&2=~&3=~

The Y-man

 

[jakemarquee]

Iv been to those website, iv called them up as well, they have told me that a notice can only be issued if im 14 days behind my rent ie if i have 14 days of unpaid rent and it has nothing to do with the rental due date !
damn im soo confused ! its not like i dont want to pay it, its just that my pay should come in next week which my agent is refusing to understand ! damn it !

 

[The Y-man]

I think you get 2 weeks to act on your notice anyway.

What they'd be worried about is - how are going to pay your next rent... (November 8th). ARe you ok for it?



The Y-man

 

[jakemarquee]

yes that is like totally covered, i explained to them of why this particular lag has occurred, i have a student loan and they kinda misunderstood what had to be done, its a long story but my agent is reacting to it as if its a huge fallout when its not ! ahhh grrrr

 

[kathryn d]

A credit card would be handy now. ..do you have one?

 

[jakemarquee]

No i dont, but i wish it did.
What i actually wanted to know was the claim that my agent is making is true or not.
Cause the lady over the phone told me that i need to be 14 days behind my rent for an notice to be issues. I am 14 days behind my due date with 75% of the rent paid covering the period i am in at the moment, so i am a little confused.

 

[kathryn d]

What does your lease say?
Do you pay monthly, on the 8th of each month?
If yes, you are overdue.

 

[Dazz]

What does your lease say?
Do you pay monthly, on the 8th of each month?
If yes, you are overdue.

No, that is not correct.

Regardless of the agreement, he has paid his rent up to the 30th of October....he is currently 9 days in advance, not 14 days in arrears.

I have actually paid my rent up and until 30th of October

The agent is bluffing him....they can't do a damn thing against him.

Take a chill pill Jake, you're well in the clear.

 

[skater]

Like Dazz said, don't sweat it, you'll be fine. Just do the right thing & pay up as soon as your wage comes in.

 

[kathryn d]

No, that is not correct.

Regardless of the agreement, he has paid his rent up to the 30th of October....he is currently 9 days in advance, not 14 days in arrears.



The agent is bluffing him....they can't do a damn thing against him.

Take a chill pill Jake, you're well in the clear.

My mistake.
In Canada, you would be in arrears.
I was under the impression he was required to pay on the 8th of each month...which here, is in advance.

 

[Lil Skater]

Hi Jake,

I'm a PM in Victoria.

Yes, you are in rental arrears by 16 days, however you have money on account, which means you only owe 8 days rent. So obviously the agent hasn't taken into account what you have paid already. By the way, I say 8 days as the rent calculates on a daily basis for rent arrears.

A NTV for rent arrears you must be 14 full days in rent arrears which means the notice is served on the 15th day.

Check out S246 of the Residential Tenancies Act for further details.

If you hadn't paid at all, or pay late as of 8th November they can evict you but for now they are bluffing.

Long story short, no you won't be evicted yet, but you need to get your finances in order. Many tenants don't realise that some landlords count on that money and by being in rent arrears you are affecting their family life. Regardless of the student loan, you know how much rent is due each month and the roof over your head should be your number one priority.

 

[DEC]

Like Dazz said, don't sweat it, you'll be fine.

I would count it as a bad mark myself and a sign of an unreliable tenant.

Just do the right thing & pay up as soon as your wage comes in.

and then make sure you stay 14 days in front as per the terms of your contract
Maybe you'll have to forgo the carton of pre mixed bourbon and cola this weekend to meet your obligations.

 

[jakemarquee]

No, that is not correct.

Regardless of the agreement, he has paid his rent up to the 30th of October....he is currently 9 days in advance, not 14 days in arrears.



The agent is bluffing him....they can't do a damn thing against him.

Take a chill pill Jake, you're well in the clear.

Thanks mate, cause my exams are on, and i cant focus, i didn't study a word last night i was just so worried !! damn it ! its not like i dont have the money or i wont have the money, its a temporary glitch !

 

[jakemarquee]

Hi Jake,

I'm a PM in Victoria.

Yes, you are in rental arrears by 16 days, however you have money on account, which means you only owe 8 days rent. So obviously the agent hasn't taken into account what you have paid already. By the way, I say 8 days as the rent calculates on a daily basis for rent arrears.

A NTV for rent arrears you must be 14 full days in rent arrears which means the notice is served on the 15th day.

Check out S246 of the Residential Tenancies Act for further details.

If you hadn't paid at all, or pay late as of 8th November they can evict you but for now they are bluffing.

Long story short, no you won't be evicted yet, but you need to get your finances in order. Many tenants don't realise that some landlords count on that money and by being in rent arrears you are affecting their family life. Regardless of the student loan, you know how much rent is due each month and the roof over your head should be your number one priority.

I totally agree and the rent is usually my number 1 priority but happened this time was there was a massive confusion with the bank, i had passed the documents on to the bank and i asked them to pay it as it was apart of the loan agreement, but what i never knew(fine clause) was that i need to pay the rent first and then they would reimburse me with 75% of the rent, this time they made an exception by paying it but ill definitely be super careful from next month

 

[jakemarquee]

I would count it as a bad mark myself and a sign of an unreliable tenant.


and then make sure you stay 14 days in front as per the terms of your contract
Maybe you'll have to forgo the carton of pre mixed bourbon and cola this weekend to meet your obligations.

Hey mate it honestly wasn't like that, i never thought it would go out of hand so instead of saving up i helped my brother pay his student loan this month cause i thought my bank would take care of my rent, but i was wrong. ahh

 

[DEC]

Hey mate it honestly wasn't like that, i never thought it would go out of hand so instead of saving up i helped my brother pay his student loan this month cause i thought my bank would take care of my rent, but i was wrong. ahh

Others may think different, but as a business owner I am not usually interested in excuses*, just results.
You have not provided a result and have reneged on your obligations as stated in the contract that you agreed to and signed .

* Over the years I have probably heard them all.