Tenants split up 5 days into the lease!!!

Lil Skater said:
Surely she can afford it if she's working at a brothel? :p

Sounds like you've dodged a bullet as that's quite a messy situation, although unfortunate that you'll be out of pocket.
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She isnt posting on these forums so isnt getting any repeat/referral business :p
 
According to NSW Fair Trading's 'Domestic violence in a rented property', if he is excluded from the premises and if there is a final AVO against him, this excludes him from lease. And his wife can break the lease without any penalty. All she has to give is 14 days notice.

He wants out of the lease. Obviously unaware that a final AVO will release him from the lease.

I haven't heard from the wife today. I'm hoping she will want out as well.
 
dreamgirl said:
According to NSW Fair Trading's 'Domestic violence in a rented property', if he is excluded from the premises and if there is a final AVO against him, this excludes him from lease. And his wife can break the lease without any penalty. All she has to give is 14 days notice.

He wants out of the lease. Obviously unaware that a final AVO will release him from the lease.

I haven't heard from the wife today. I'm hoping she will want out as well.
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It shouldn't take him too long to work it out. My tenant was advised to take the AVO against her partner to release herself from our lease from Fair Trading. We were fortunate that we had a good tenant who allowed inspections and stayed on until a new tenant was found.
 
Sounds like she could afford the rent just fine

If she wants to stay then you have no choice really. Unless you could prove the home is being used as a place of business!
 
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Break the lease, kick them out. Not worth the headache in my experience. I have had this happen before and after a while the partner left there will stop paying rent because they can't afford it. Easier to just move them on.
 
The wife called today saying she couldn't move out yet because she hasn't got the keys. The hubby has got the keys but I mailed her a copy by express post on Thursday.

She wants the bond released to her but he's saying it was his money and therefore wants the money in his account.

I would tend to believe that it was his money but if there's a final AVO against him, technically he's out of the lease.

So who do I release the bond to? Geez!
 
dreamgirl said:
The wife called today saying she couldn't move out yet because she hasn't got the keys. The hubby has got the keys but I mailed her a copy by express post on Thursday.

She wants the bond released to her but he's saying it was his money and therefore wants the money in his account.

I would tend to believe that it was his money but if there's a final AVO against him, technically he's out of the lease.

So who do I release the bond to? Geez!
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OK, I'm not a PM but personally I wouldn't release it to either of them. They are jointly responsible for the rent until a new tenant is found. I would hold onto it until the new tenant is signed. Then, if there's anything left of it, they can have it.
 
dreamgirl said:
The wife called today saying she couldn't move out yet because she hasn't got the keys. The hubby has got the keys but I mailed her a copy by express post on Thursday.

She wants the bond released to her but he's saying it was his money and therefore wants the money in his account.

I would tend to believe that it was his money but if there's a final AVO against him, technically he's out of the lease.

So who do I release the bond to? Geez!
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Be very careful about the bond or you may need to compensate one of them.

Release it to only the names on the lease. Let them sort out who gets what later.
 
Yes, definitely. I won't release the bond until after I've found new tenants. As far as I'm concerned, they're responsible for rent until there's a new tenant.

And thanks, Terry. If there's an option to give them a cheque, then I would much rather do that. Let them fight over it!
 
Dreamgirl,
Have you seen proof of an AVO?

As Skater said, I wouldn't release any bond to them either, until a new tenant is found.
From the looks of it, you may be up for rekeying the property, if all keys aren't returned.

I would hope all landlords use secured keys?
..or at least change the locks between tenants?
 
She sent me an email today saying that she intends to vacate the property on or before 20/11/13.

Then she calls me afterwards asking to stay for about 6 weeks!

She seems to me to be a master manipulator and will tell you what you want to hear. I think she just wants to use up the bond.

And no, there's no proof of an AVO, except that she's now confirmed that she did take out an AVO against him (without me asking).

However, I'm assuming that there's no final AVO until I see proof and from where I stand, his name is still on the lease.

So if she remains in the house after 20/11/13 does that mean I can give her a Vacate Notice?
 
If it was me, I'd start issuing the proper notices if they don't pay their rent.

Until you have proof of an AVO, it doesn't exist.
 
At this point I haven't lodged the rental bond yet. They only signed the lease last week. I'm tempted not to bother since she indicated that she will vacate, but I don't want to breach my LL duties.
 
dreamgirl said:
At this point I haven't lodged the rental bond yet. They only signed the lease last week. I'm tempted not to bother since she indicated that she will vacate, but I don't want to breach my LL duties.
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Make sure you do it all by the book. She sounds like trouble.
 
skater said:
Make sure you do it all by the book. She sounds like trouble.
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Agreed.

Chances are, they have done this, or similar , before.

We have a lot of singles, recently separated, who put a bond down on one of our rental properties.
Before they move in, they 'kiss and make up" with their partner...then think they should get their bond back. Sorry...go away.
 
dreamgirl said:
At this point I haven't lodged the rental bond yet. They only signed the lease last week. I'm tempted not to bother since she indicated that she will vacate, but I don't want to breach my LL duties.
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In Qld (not sure in NSW) we have ten days to lodge the bond or we are in breach. It sounds like possibly you've missed the deadline already. You must follow the rules or you are no better than your tenants who are breaking the rules. I'd lodge it immediately.
 
28 days in NSW. Will lodge it and play by the rules as Skater said.
I was just wondering, since I know that I'll have to claim it back within days.
 
dreamgirl said:
28 days in NSW. Will lodge it and play by the rules as Skater said.
I was just wondering, since I know that I'll have to claim it back within days.
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Then it is good if you are within the legal time limit for your state.

If you don't play by the rules, you minimise your chances of being seen to be going to tribunal with "clean hands" (as Perp puts it so well).

When you do things by the book, your case is stronger when it comes time to claim it back. Miss the deadline and you may find yourself in strife.
 
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