What a joke !

[chris01]

Just received an email from our IP manager. She said that the previous tenant overpaid two days of rental because they moved out 2 days early. So She wants us to pay back money.

I'm really pixxed off. The rental is calculated on weekly basis but NOT on daily basis. They wanted to move out 2 days early or 3 days early that was their decision and they should still pay the weekly rental. That IP manager should know that and she should have explained to the previous tenant. It's ridiculous.

 

[jaycee]

What did you / will you do Chris ?

 

[chris01]

No way to pay back. We never had daily rental price. Our IP is priced on weekly basis and if they stay for one day then they still have to pay for the whole week.

 

[Lil Skater]

Well it depends.

If the tenant said they were vacating on the 25/10/10 but they had money on their account which had them paid to the 27/10/10 - then yes, they are entitled to their money back.

However, if they said they were vacating on the 27/10/10 but handed the keys back on the 25/10/10 - then no, they are not entitled to their money back.

Also, for the record. When a tenant vacates the amount they owe up until the vacating date is done on a pro-rata or daily basis. This is in Victoria though, but i'd imagine it would be fairly similar in most states.

It seems Chris, you are not at all happy with the management of your property through this particular agent from the two threads I have read. Perhaps a change of management is in order?

 

[porp_e]

I was under the impression tenants could move out any day of the week (provided they give the appropriate notice) and only pay a pro-rata rate for the days they were there in the final week

At all the previous properties I have rented (both in WA and NSW) I have always moved out on an 'odd' day and have only ever paid for the days I was there not the whole week. One property rent was charged monthly on the 30th of each month, I moved out on the 16th, I paid for the month but then got a refund for the 14 days with my bond return.

 

[Luv2Travel]

No way to pay back. We never had daily rental price. Our IP is priced on weekly basis and if they stay for one day then they still have to pay for the whole week.

Is that right? If say they are paying every Friday, then decide to give notice on say a Tuesday and if the law is that they only have to give two weeks notice, then why do they have to pay through until Friday?

 

[porp_e]

^Sorry Lil Skater I didn't see your post when I replied to Chris and have pretty much said the same thing^

 

[JamesGG]

Also, for the record. When a tenant vacates the amount they owe up until the vacating date is done on a pro-rata or daily basis. This is in Victoria though, but i'd imagine it would be fairly similar in most states.

Correct for QLD also, assuming that Chris01 is investing in their home state;

97 Apportionment

(1) The rent payable under an agreement accumulates from day to day.

(2) On the ending of the agreement—
(a) the rent is to be appropriately apportioned; and
(b) the appropriate amount is payable by or to the tenant.

Sorry Chris, but rent is calculated on a daily basis. The weekly figure that is used for advertising is for convenience and comparison only.

 

[chris01]

The fact is that they went back the property 4 days after they moved out. The IP manager gave them the key and told them the clean up the house properly.

 

[porp_e]

They went back the property 4 days after they moved out. The IP manager gave them the key and told them the clean up the house properly.

Hi Chris I'm fairly sure this is also standard practice when the house isn't deemed satisfactorily cleaned by PM after the final inspection is done - provided the tenants went in, cleaned and dropped the keys back to the PM that day I don't think there's an issue?

 

[Lil Skater]

The fact is that they went back the property 4 days after they moved out. The IP manager gave them the key and told them the clean up the house properly.

Surely this is an entirely different issue as they weren't residing in the property?

Yes, they should've cleaned up properly when vacating but the cleaning issue is a separate issue and should be addressed separately. Check the legislation.

May I ask, what date did they say they were vacating and what date did they vacate? Taking the cleaning out of the picture.

 

[chris01]

may be I was wrong. Thanks for the input.

If I rent again, I know how I can save my money by moving out earlier then going back to clean up the house.

 

[Lamingtons]

may be I was wrong. Thanks for the input.

If I rent again, I know how I can save my money by moving out earlier then going back to clean up the house.

It's not like they stayed there overnight and continued to live there for another few days did they?
They went to your IP, cleaned it up properly so that you didn't have to pay someone else to do it. What's wrong with that? Your PM did a good job there.

 

[Luv2Travel]

I don't understand what the problem is. They officially vacated i.e. they moved all their stuff out and handed back the keys. If a property is not up to scratch in terms of cleanliness then it's normal for a property manager to loan the keys out to the tenant to make them clean it up properly. And I wouldn't try the stunt of deliberately leaving it in a pigsty and going back for "free" to clean it up, wonder what that might do for a future reference...

 

[jaycee]

becaus they moved out earlier then the orignally agreed date and now wnat money back, but they took until the original end date to bring property up to scratch

I think

 

[Luv2Travel]

becaus they moved out earlier then the orignally agreed date and now wnat money back,

Well if that's the case then yes, but I'm confused. The OP needs to respond to Lil's response about the dates. I took it to mean they expect the tenant to pay up until a certain day because that's the day the rent was always paid (weekly) despite if the notice was earlier than that day. I give up.

 

[chris01]

I had always spent 2 days to clean up the worst part before they came back. If we hadn't complained to the PM then they wouldn't have come back to clean the house.

This is a completely renovated house: new paint inside and outside (including gutta and roof), complete new kitchen (including brand new floor tiles) and bathroom. You know what, when I first got there, there were hundreds of cockroaches and shiverfishes in the kitchen (I took photos). The house had been treated by pestman and was insects/pests free before we rented out. We have had the property for 7 years and I never saw so many cockroaches inside the house.

 

[Lil Skater]

I had always spent 2 days to clean up the worst part before they came back. If we hadn't complained to the PM then they wouldn't have come back to clean the house.

If it were that bad, you should've left it and told the PM to chase them for bond money to cover the cleaning of the property.

As I said, rent is separate to cleaning and maintenance.

Usually if the property needs repairs or cleaning a PM will allow them to collect the keys again for the day to rectify these issues or they will claim part of the bond to cover the costs to get someone else to fix them.

Although, something is wrong with your property management team if you had to tell them to get the tenants back in.

 

[vbplease]

Well it depends.

If the tenant said they were vacating on...

However, if they said they were vacating on...

Are you saying what the tenant "says", supercedes what is written in the lease agreement?

 

[mystery]

First rule of property investing ......"The tenant has all the rights". Actually I'm not sure why this statement isn't written into every lease agreement ...

We may be the ones providing subsidised housing at great expense to ourselves, but this doesn't give us a right to expect a fair go ...

Hope it works out okay for you Chris01

Mystery