What should I do?

We own investment properties however at present are renting ourselves. We just moved into a house in Sydney's east, and on the application form we declared our 2 Burmese cats. However in the same week that we moved into this house my partner's father was taken very ill. When my partner went to check on his house (lock the doors/windows etc) he realised his cat was uncared for and brought the cat back to our place meantime.
The last thought on our minds was 'we only put 2 cats on the application' as we were both on overtime night shifts at work, unpacking boxes and hospital duty. Imagine our surprise when 4 days later (this is 9 days after moving in)we get a phone call from the estate agent saying that she had received a call from the owner who had identified that we had a ginger, a cream and a brown cat and what was the story with the third cat. So we explained and said 'we can easily give him to someone else to care for, we did not even think a third cat would be an issue as we had 2 approved anyway and he won't be here long but how on earth does the landlord know this, is he parking out the front and watching through the windows' ?
As this third cat is not a part of the household we keep him seperate, so it would take some determined observation (stalking, or maybe even entering the property) to figure this out. The agent admitted that the owner lived next door, and by now my nerves are on edge. I once called the police when I noticed a bloke watching me through the bathroom window at a rental property in Melbourne, and the police informed me later that it was my landlord. I promptly moved and broke the lease. Now I feel watched all the time, and I think it is a bit much to live next door and not even allow us the feeling of privacy, and let us know that we are being watched. I don't really want to live like this for 12 months.
I have just kept the blinds down since. I also tracked down the previous tenants who said the owner claims to have nothing to do with the place but pokes around. This is not what I wanted to hear.
As we rent out properties ourselves, have 20 years of exemplary rental references and are professional high income earners it is a bizarre situation to be in. It is not about the cat, it is about a feeling of privacy and safety.
What would other people do?
 
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I completely understand your discomfort. Not a relaxing situation at all.

We live next door to our tenants as we have mentioned in previous posts. We self manage and we told them upfront that we live next door. We have gone out of our way to ensure that they don't feel "watched" as I appreciate it is wierd living next door.

You are entitled to quiet enjoyment of your home. If the landlord breaches this I would talk to the PM about a solution.
 
Dear GoAnna,
I admire your upfront honesty. Good on you for telling tenants straightaway what the deal is. We feel a bit misled into signing a lease when this is obviously an issue as the previous tenant experienced it as well and talking to him won't change this established controlling and spying behaviour.
I mentioned to the agent that in light of my previous landlord stalking experience we may have to break the lease and move out asap. Unfortunately the owner is a solicitor as well. From my understanding of the tenancy laws he can claim compensation for advertising and rental vacancy costs; so if we get a new tenant when we move out, can he then still sue us for anything? I suppose he can evict us for breach of lease conditions (3 cats instead of 2) but by the time he takes us to the tenancy tribunal to do that we will have moved out anyway.
This morning I found the pot plants in front of the garage had been moved so the garage could be inspected through the window and the gate wide open. It could be kids but of course it could also be him. I must admit it has me spooked.
If we do tell the agant we are going what would be the worst case scenario to expect? This is such a bizarre situation to be in I would appreciate any advice.
 
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If he is on your rental property without a valid entry notice he is trespassing (its 24 hours prior notice in Qld). That is a breach of your lease and also entitles you to call the police.

Catch him in the act or obtain some other evidence and I think the Tenancy Tribunal might let you out of the lease. Its possible you might have enough evidence already. But I suggest you go to them rather than just breaking it.
 
further developments

Apparently the owner is in process of issueing us an eviction notice, 14 days to get out due to having 3 cats instead of 2. Amazing. If we go (put our stuff in storage, go camp with family) then can he still hold us liable for costs? Or only liable until next tenant is found?
 
Apparently the owner is in process of issueing us an eviction notice, 14 days to get out due to having 3 cats instead of 2. Amazing. If we go (put our stuff in storage, go camp with family) then can he still hold us liable for costs? Or only liable until next tenant is found?

Tell them you are in a sublet situation with the 3rd cat..... :)

Anyway, please see:
http://www.tenants.org.au/


http://www.tenants.org.au/languages/english/landlordEndsAgreement.pdf

http://www.tenants.org.au/languages/english/accessAndPrivacy.pdf

Don't leave until the tribunal orders this (unless you want to get out of there asap anyway)

Cheers,

The Y-man
 
By the way, has any landlord here on Somersoft had a tenant move in lately to an IP they live next to, with 3 cats? :p

Cheers,

The Y-man
 
Thanks for those links!
I think I will just issue notice to my own tenants and move back into my own home in Sydney and forget the benefits of negative gearing, this is just something I really don't need. My partner is still in hospital with his father in the ICU, we haven't even been here for 3 weeks, and live next door to a 'likes to poke around' and a 'likes to evict' (last tenants were also evicted after having afternoon tea with the wife next door- they got an express post envelope in the mail the very next day)! Who needs it. I was going to take his father's cat elsewhere today but now may as well not bother seeing we have already been issued a notice.
It would have been nice had the estate agent warned me of this situation we would never have signed the lease and ended up with problems we don't need right now. However agent is very apologetic, says it is wrong and is trying hard to find us something else. Agent has said she won't evict us as whole situation ridiculous and our references were the best she has seen all year. Apparently owner wants house empty, no tenants at all.
 
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He evicted the last lot of tenants after they had tea with his wife??? Wow.

I can't belive he is getting away with this! He doesn't sound quite sane.

If you didn't have more important things on your plate it would almost be fun to take him to the tribunal and get to hear his crazy strories.

Are you able to give notice to your own tenants? They are not on a fixed lease?
 
Golden rule for people who are too nervous - "arm's length"

Had he bought an investment in another suburb, he would have had nothing to worry about. He'd drive past once a week, see nothing, and leave.
 
So true!

My Sydney tenants need 60 days written notice but I feel lousy, they have been there forever and think of the place as their home. I have resigned myself to open house inspections tomorrow, will rent and buy something else meantime. Sigh. It has certainly made me see what some tenants get to put up with, this is unreasonable. I do think it should be made a legal disclosure on rental property advertising 'owner lives next door'. This bloke invites us to the street Christmas party one day and draws up an eviction notice to get in the mail the next day. Bizarre.
Thanks to all for your advice:)
 
the real reason for eviction notice- DA approval!

Have just had a visit from neighbours in the street who reveal that the real reason we are being evicted is because a massive development for this rental place has just been approved by the Council. That is 14 days after we have spent nearly $1000 moving in, not to mention time off work to do it all. I hope all you landlords out there don't treat your tenants lives like Russian Roulette with DA's! The neighbours are offering to support us to help us stay, because when we go the bulldozers move in. However I just envision 12 months of stress and appearances in the tenancy tribunal. This has been the worst moving experience of my life. What a waste of money.
Today had two applications on other rental properties approved ( we managed to view 12 houses in 3 days, despite both being on nightshifts in highly responsible jobs and intense fatigue) so trying to decide which one to move to.
I hope landlords think about the effect they have on people's lives with this sort of opportunistic carry on, and not only of $$$.
We would certainly not dream of treating our own tenants like this.
The guy was obviously sniffing around, looking in the windows, trying to find a reason to get us out so he could start work on his DA. Disgusting.
 
I hope all you landlords out there don't treat your tenants lives like Russian Roulette with DA's!.......... I hope landlords think about the effect they have on people's lives with this sort of opportunistic carry on, and not only of $$$. We would certainly not dream of treating our own tenants like this.

This is truly disgusting carry on from a landlord, I agree. Just like you say you would not do this to a tenant, neither would most of the people on this forum, I would think.

However, the tone of your last post makes me feel like I need to go sit in the naughty corner because I am a landlord. We are not all greedy, law-breaking thugs, and you yourself are also in that "landlord" basket.

Perhaps I am just a bit tired this morning, but I took offence at your most recent admonishing style of post about landlords, when you have come here to ask advice from us, but maybe it is just emotion shaping your words :(.

Anyway, I would move when you are able but not pay anything more than you are obliged to by law. The moving costs you have paid are a pain, but unless you want to get rid of the cat, take the landlord to the tribinal in order to stay the whole lease, not sure what you can do about them. Maybe you could stop paying rent now to try to recoup some of the costs, and let him take you to the tribunal, which he may or may not do in the circumstances.

He has done the wrong thing, but don't lump us all in with him.
 
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My apologies for upsetting anyone on this board. If I told you that our jobs involve transporting people in aluminium tubes you may understand that the stress and distraction this has caused has been extremely disruptive.
It seems spiteful to give us 14 days notice with a landlord fully aware that our jobs take us away from home and we were looking to move out anyway. Also with jobs like ours, why get us to move in in the first place knowing you are just waiting on a DA to come through? Days off are precious, not for doing double moves and multiple househunts.
We are landlords too and would never do such a thing, and as you said neither would anyone else on this board. Anyway had 2 tenancy applications with 3 cats (just in case the father does not recover) approved so will be able to move asap. Thanks for the help.
And just in case anyone is wondering, the cats get boarded with the vet when we are both away. This has worked well for years now and never any problems until this place.
Sorry to lump landlords in the one basket, did not mean to at all, just tired.
 
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My apologies for upsetting anyone on this board. If I told you that our jobs involve transporting people in aluminium tubes you may understand that the stress and distraction this has caused has been extremely disruptive.
It seems spiteful to give us 14 days notice with a landlord fully aware that our jobs take us away from home and we were looking to move out anyway. Also with jobs like ours, why get us to move in in the first place knowing you are just waiting on a DA to come through? Days off are precious, not for doing double moves and multiple househunts.
We are landlords too and would never do such a thing, and as you said neither would anyone else on this board. Anyway had 2 tenancy applications with 3 cats (just in case the father does not recover) approved so will be able to move asap. Thanks for the help.
And just in case anyone is wondering, the cats get boarded with the vet when we are both away. This has worked well for years now and never any problems until this place.
Sorry to lump landlords in the one basket, did not mean to at all, just tired.

Im glad it worked out for you in the end :)

What goes around, comes around, though for your (ex)landlord.
 
Eastside - I preume you don't have the energy to fight this in the tribunal? I don't think the landlord would look that flash if he approved 2 cats and he was evicting you for a temporary 3. Especially if you could document circumstances.

I am wondering why spend the energy and money in moving when I guess you would be able to stay put legally?

Have you rung up and checked the likely tribunal outcome? Or are you wanting to move anyway giving this strange landlord in next door? In that case is the eviction a blessing in disguise? I suspect that you could outstay your 14 days if you so wished given I suspect he's on shakey grounds.
 
We realise it is costing us time and money to move again, but we want to be comfy and live somewhere where we feel welcome. I feel it is a bit creepy having this old man next door creeping around our house. We can involve the police and go to the tenants tribunal and claim our right to stay, but with our jobs we really need somewhere to come home to where it is nice and relaxing and where there are no problems from fools. We have enough responsibility/stress at work without putting up with it at home:)
 
Have just had a visit from neighbours in the street who reveal that the real reason we are being evicted is because a massive development for this rental place has just been approved by the Council. That is 14 days after we have spent nearly $1000 moving in, not to mention time off work to do it all. I hope all you landlords out there don't treat your tenants lives like Russian Roulette with DA's! The neighbours are offering to support us to help us stay, because when we go the bulldozers move in. However I just envision 12 months of stress and appearances in the tenancy tribunal. This has been the worst moving experience of my life. What a waste of money.
Today had two applications on other rental properties approved ( we managed to view 12 houses in 3 days, despite both being on nightshifts in highly responsible jobs and intense fatigue) so trying to decide which one to move to.
I hope landlords think about the effect they have on people's lives with this sort of opportunistic carry on, and not only of $$$.
We would certainly not dream of treating our own tenants like this.
The guy was obviously sniffing around, looking in the windows, trying to find a reason to get us out so he could start work on his DA. Disgusting.
Seems that you likely could stay if you wanted based on what you have said.

I can understand not wanting to be in an adversarial position for 12 months though. How about asking for compensation?.. say 2-3k for moving costs and stress, if they are keen to make some money from development then that might be a better solution for both.
 
Originally Posted by eastside
I hope all you landlords out there don't treat your tenants lives like Russian Roulette with DA's!.......... I hope landlords think about the effect they have on people's lives with this sort of opportunistic carry on, and not only of $$$. We would certainly not dream of treating our own tenants like this.

This is truly disgusting carry on from a landlord, I agree. Just like you say you would not do this to a tenant, neither would most of the people on this forum, I would think.

However, the tone of your last post makes me feel like I need to go sit in the naughty corner because I am a landlord. We are not all greedy, law-breaking thugs, and you yourself are also in that "landlord" basket.

Perhaps I am just a bit tired this morning, but I took offence at your most recent admonishing style of post about landlords, when you have come here to ask advice from us, but maybe it is just emotion shaping your words :(.

Anyway, I would move when you are able but not pay anything more than you are obliged to by law. The moving costs you have paid are a pain, but unless you want to get rid of the cat, take the landlord to the tribinal in order to stay the whole lease, not sure what you can do about them. Maybe you could stop paying rent now to try to recoup some of the costs, and let him take you to the tribunal, which he may or may not do in the circumstances.

He has done the wrong thing, but don't lump us all in with him.

That offended you ? It just made me think "I dont think too many would do that"
 
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