Rental empty but witholding keys
- Thread starter boeman
- Start date
Did you give the tenant notice to vacate at the end of the lease or did the tenant decide to leave of their own accord?
This is not an ideal situation. Under the lease, the tenant does not have to hand the keys back until the end of the lease. You are also restricted from entering the property unless you do so under the terms of the lease.
If you choose to, then good luck keeping any of the bond. If you make a bond claim and it turns out you were renovating during the lease, it will be tough to demonstrate the damage was done by the tenant. It really would have been better for you to negotiate an early termination.
If you choose to, then good luck keeping any of the bond. If you make a bond claim and it turns out you were renovating during the lease, it will be tough to demonstrate the damage was done by the tenant. It really would have been better for you to negotiate an early termination.
Don't hold me to it, but I think you'll find that the definition of "Vacant" for an Insurer stems from the completion of a tenancy. I believe they will consider it occupied for as long as her lease continues, even though she has technically moved out.
You could use Entry Notices to have your tradespeople attend early, but keep in mind this may create a situation where the tenant blames them for a poor condition at Exit. Though you may have technically done nothing wrong, the courts would likely (as they always do...) rule in the tenants favor.
if you aren't concerned about damage and happy to let her leave without being too fussy, this is a fabulous opportunity for you to carry out your mini-reno whilst still receiving rental income! The house would likely get a bit dirty afterwards anyway.
You could use Entry Notices to have your tradespeople attend early, but keep in mind this may create a situation where the tenant blames them for a poor condition at Exit. Though you may have technically done nothing wrong, the courts would likely (as they always do...) rule in the tenants favor.
if you aren't concerned about damage and happy to let her leave without being too fussy, this is a fabulous opportunity for you to carry out your mini-reno whilst still receiving rental income! The house would likely get a bit dirty afterwards anyway.
Sounds like you want to have your cake and to eat it too.
You wouldn't let her leave early to save rent and now you want to get into the place she has paid to occupy.
Maybe you should have thought it out before saying no. That way you both could have had something to gain.
Because he wants to take it all, while giving nothing.
All I can say, is that this situation is entirely your own fault. You can't have it both ways.
From the tenants point of view you've been a bit of a jerk by charging a months rent when she's not living there. Under the terms of the contract you've both agreed to that's your right.
She's returned the favor by not allowing you to enter the property at your convenience. Under the terms of the contract you've both agreed to that's her right.
About 15 months ago a tenant moved out of one of my properties with only a text, "Can't afford the rent anymore, keep the bond for outstanding rent." He managed to leave a bit of a mess behind.
The PM did catch up with him to sign a document releasing the bond to us but this wouldn't have covered the outstanding rent and the cleanup, so we could have also chased him for more money. Instead I saw it as an opportunity to do the makeover I'd been intending for 2 years.
The mess was no longer a problem because we replaced the carpet and repainted anyway. I consider it a win because we were able to get the property back on the market quickly for the idea time of the year and get a premium rent for a newly renovated property.
She's returned the favor by not allowing you to enter the property at your convenience. Under the terms of the contract you've both agreed to that's her right.
About 15 months ago a tenant moved out of one of my properties with only a text, "Can't afford the rent anymore, keep the bond for outstanding rent." He managed to leave a bit of a mess behind.
The PM did catch up with him to sign a document releasing the bond to us but this wouldn't have covered the outstanding rent and the cleanup, so we could have also chased him for more money. Instead I saw it as an opportunity to do the makeover I'd been intending for 2 years.
The mess was no longer a problem because we replaced the carpet and repainted anyway. I consider it a win because we were able to get the property back on the market quickly for the idea time of the year and get a premium rent for a newly renovated property.
I was in the same position a few months back.
Tenant moved out a month before lease was over. They went overseas but were willing to pay out the full months rent that was left.
I wanted to do work on the room she was renting, she was okay for me to do this and just move her furniture out as she had cleared everything else already.
I responded by not charging her any rent from the time I started work on the room, so she was only charged one week instead of 4 weeks.
I didn't think it was fair to charge rent for a room that wouldn't be habitable for her anyway while I was doing the work.
For some reason you have tried to do the opposite, and it's blown up in your face. There's a lesson in there somewhere I think.
Tenant moved out a month before lease was over. They went overseas but were willing to pay out the full months rent that was left.
I wanted to do work on the room she was renting, she was okay for me to do this and just move her furniture out as she had cleared everything else already.
I responded by not charging her any rent from the time I started work on the room, so she was only charged one week instead of 4 weeks.
I didn't think it was fair to charge rent for a room that wouldn't be habitable for her anyway while I was doing the work.
For some reason you have tried to do the opposite, and it's blown up in your face. There's a lesson in there somewhere I think.
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