Withdrawing from lease- young person in trouble

[geoffw]

A young lady (a close friend of the family), who lives in Brisbane, is in trouble with a rental.

She did share a CBD high rise apartment with another couple. All names were on the lease. Things didn't work out, as sometimes happens. So she went to the PM to find out about withdrawing from the lease. She signed all appropriate forms, and found another apartment which she is sharing with a different group of people.

The trouble is that, several months later, she has not been let off the lease for the old property, so is paying two lots of rather expensive rent. The old tenants have taken over both bedrooms, and are effectively having a susbsidised apartment to themselves. YL is paying rent for this old apartment, and does not even have access.

I'm not sure all the details. I understand that the old tenants are rejecting all applicants for the second room as unsuitable. My understanding is that the PM is not happy with YL for breaking the lease, and at minimum, is not helping to find a replacement.

She has been to legal aid and/or the RTA. Their suggestion is to document everything. She's doing that now- but not enough time has passed for her to have enough material to do anything.

She works shift work in bars, on call, at all hours of the morning- so moving out of the new place into the burbs is not an option.

The extra rent is hurting hard. Any help would be appreciated.

 

[neK]

Hehe, there was a post similar to this on another forum.

My suggestion was to sublease out the room to a pimp for the remainder of the term. See how that couple like that

Technically because she is paying rent, she is entitled to access to the property.

She could go "visit" the house before or after her shift and have some portable speakers on loud enough to annoy the occupants of the house as payback. Being a shift worker would have its advantages here

Once she's doing annoying them for the night she can go home.

If they've locked her out, then she can complain and hopefully get out of the lease.

 

[zepth]

In order to continue charging rent after a break lease there is a requirement that the agent, and im assuming in this case the current tenants, do everything in their power to find a new tenant as soon as possible.

Rejecting multiple potential tenants goes against this, I would suggest your friend organises a tribunal date as soon as possible to get let out of the lease without further penalty on these grounds.

 

[JoshyBoi]

and claim a refund (for at least some of the additional rent paid), that's ridiculous!

The obligation on breaklease is for the outgoign tenant to use all reassnable means to find a replacement...surely the current tenants have an obligation to act reasonably as to whether to accept or reject?

And what's with the PM?? Given the situation, I'd be charging the couple remaining the entire rent...

Why doesn't YL stop paying rent and see what happens?

 

[depreciator]

If she stops paying rent she ends up on that dud tenant data base.

As Nek suggested, I would just access the property at times inconvenient to the other tenants. And I would take possession back of the room she is paying rent on.

 

[geoffw]

When YL has stopped paying rent legal action has been threatened.

Proof of lack of reasonableness must be documented. She had not documented from the start so there's some catching up to do.

 

[JoshyBoi]

When YL has stopped paying rent legal action has been threatened.

Proof of lack of reasonableness must be documented. She had not documented from the start so there's some catching up to do.

Yeh, i suppose what I was suggesting is what the likely result of that legal action would be if YL stopped paying rent...if she had it all well documented i find it hard to believe that the court system would hold her liable (though i wouldn't be suprised either way...)...that said its a hard case to make out without supporting documentation...


do let us know how YL fairs...

 

[kathryn d]

Geoff,
Have the YL sublet her bedroom, and ignore the objections of her old roommates.
Is there proof they are taking over that bedroom too?
That might help if it went to court..or if she wanted to make a complaint.

Is there a lock on that door,and why does someone else have access to her room?

YL's lease has all of them on one lease? So, if someone stops paying, the others must cover her share?
Sounds simple..stop paying, after she can document they are using her bedroom.
Insist the PM gives her access and then take pictures.Why doesn't she even have a key now?
They will not sue after she has photos..take a witness.

 

[geoffw]

Geoff,
Have the YL sublet her bedroom, and ignore the objections of her old roommates.
Is there proof they are taking over that bedroom too?
That might help if it went to court..or if she wanted to make a complaint.

Is there a lock on that door,and why does someone else have access to her room?

YL's lease has all of them on one lease? So, if someone stops paying, the others must cover her share?
Sounds simple..stop paying, after she can document they are using her bedroom.
Insist the PM gives her access and then take pictures.Why doesn't she even have a key now?
They will not sue after she has photos..take a witness.

An update on this- after a sudden escalation.

YL had found another tenant to pay her share of the rent- but her name is still on the lease.

The new tenant not only did not pay his share of the rent- he borrowed money from the other tenants, then skipped off overseas.

YL was left with a rent bill to pay for a period when she did not have access to the property.

But wait, there's more.

All the other tanants have done a runner. Lease has just finished. Landlord does not have access to the property at all. PM is taking her to court tomorrow to get unpaid rent, as she is the only tenant who can be located. She is therefore liable for about $5K rent. And will be blacklisted from renting forever. And she cannot even produce the keys.

She is getting legal advice, but only now after advice from me that she should have sought this advice long ago.

The quicksand is drawing her down.

Of course, she forfeited her bond long ago.

 

[JoshyBoi]

oh no! poor girl, i hope the legal advice helps and she can get out of this mess!

Has she been documenting everything since you first spoke with her?

 

[geoffw]

Has she been documenting everything since you first spoke with her?

I don't think so

Despite being pointed to this thread.

And despite similar advice last week.

 

[kathryn d]

This is a bad situation, that didn't need to get to this point.
This is an expensive lesson YL is learning. Do not trust anyone!!!
When you lease an apt, keep your name on the lease, and take in boarders, that way you can get rid of them, when they stop paying.

If the YL is found against at the tribunal, have YL take the former tenants to Small Claims court, to recoup her costs. If they refuse to pay, she can ruin their credit rating,if she can get a judgement against them.

There seems to be more than one person (YL) that needs to held accountable. You mentioned YL didn't even have access to the old rental, and was that voluntary..or did the PM request her keys back? Where did YL's key go? Was another tenant ever found for this rental. Does she still have her name on that lease, and will it renewed with YL's name on it? That is something she should check !!!

The landlord just wants their rent, and they don't care who has to pay..which is fair. They have also hired the services of the PM. Unsure if the PM has any responsibility in finding a new roommate.I wouldn't think so.However, if the PM requested that key back, so they could use it to show another applicant..that may mean they implied they would try to secure another tenant.

Were they ever in arrears..and were they ever given an eviction notice by the PM?
Hindsight would have been for YL to stop paying rent.The other roommates would have quickly found a replacement.

 

[RightValue]

She should get a copy of thge key from the property manager and move back into the apartment, retaining the current one she lives in.

Take over her bedroom, move some of her stuff in, especially a stero or TV.

Put a lockable doorhandle on the door put on some music or TV programe, not too loud but loud enough that the others can hear it slightly, make sure the track repeats itself over and over ad infinitum.

Go to work, sleep in the other house come back for a shower when the others are out and change the music to another similar track that repeats itself, like something from the wiggles or a nursery rhyme. Do this daily, a different track each time.

Do this for a week or two and the flatmates may well be more ameniable to a new flatmate.

She may want to put a couple of kilos of prawn heads in the room on a bit of plastic as well, then move some of them to the rubbish bin in the kitchen each day as she likes being tidy.

She has little to loose and being nice hasn't worked.

 

[kathryn d]

She should get a copy of thge key from the property manager and move back into the apartment, retaining the current one she lives in.

Take over her bedroom, move some of her stuff in, especially a stero or TV.

Put a lockable doorhandle on the door put on some music or TV programe, not too loud but loud enough that the others can hear it slightly, make sure the track repeats itself over and over ad infinitum.

Go to work, sleep in the other house come back for a shower when the others are out and change the music to another similar track that repeats itself, like something from the wiggles or a nursery rhyme. Do this daily, a different track each time.

Do this for a week or two and the flatmates may well be more ameniable to a new flatmate.

She may want to put a couple of kilos of prawn heads in the room on a bit of plastic as well, then move some of them to the rubbish bin in the kitchen each day as she likes being tidy.

She has little to loose and being nice hasn't worked.

Those are very good suggestions.
Agree completely.

Why doesn't the LL have access to the premises?The PM should always have a key..are they incompetant? How did the PM serve her, and not the others? To have been 5K in arrears...they must have been seriously in arrears..why weren't the others served? There must be more to this?

 

[geoffw]

The lease finished today. So there was a lot of urgency, and the PM wants to let out the unit urgently. Especially I guess with the sudden extra demand for rental accommodation in Brisbane.

In the meantime, Young Lady has not been able to work because her workplace has been flodd affected. She will be able to get social security, but due to a glitch that will take a little time.

I have kept out of this until today when the PM called me. YL is my daughter.

I told her that I would pay 25% of the outstanding rent immediately, which I did. I received an email back saying that "... I will not pursue her for the rent portion. There will be cleaning costs but she should get most of the bond returned...".

YL managed to find one of the other tenants and returned a key. I thought this would be the end of the matter.

PM yelled and screamed at her (which has occurred very frequently) and told her that she would be suing her for subletting.

YL is trying to get legal aid but it is not covered by the legal aid people, nor is it covered by the tenants union people, as it appears to be a dispute between tenants.