Except we haven't been on a lease now for the past year. When our first lease expired we just rolled over to a periodic one.. Then the house went on the market and then all the bullshit started. We've been given a Notice to Leave twice - and both times had it retracted. We were in renting limbo for most of this year - not knowing exactly what was happening with the house and if we would have to move. We started looking around and then we'd be told we could stay.
The house then went to Auction... another period of renting limbo ensued.. Plus hordes of strangers traipsing through the house while we were overseas on the European Adventure and when we got back and I was 'working from home'. I accept this is the life of renters but it was getting to be too much! Just as I headed to Sydney to work for 7 weeks we are given the news the house sold to 'an invester' who wanted us to stay on on a 12 mth lease at the same rent.. Whoo Hoo! This is the best possible outcome. Pop the champagne!
But there is something to be said about the old 'Too Good To Be True' adage..
With lease signed and returned last week we thought - yay for summer on the back deck and not having to think about moving for a while!
Then the real estate calls me Monday afternoon. Cock and Bull stories are thrown at me.. Firstly that the lease has been 'sitting on the receptionist's' desk and not seen by the property manager so not counter signed and secondly that the 'owner has changed his mind, wants to renovate and rent the property out to someone else at $500 per week while renovating.'
I swore at her - alot. I finally broke. I've been the most polite dicked around tenant of 2007 and now it is time for not so nice Miss N.
Plus I harbour a secret desire to be Judge Judy.
First thing yesterday morning I get armed with advice. I talk to the RTA and Tenancy Advice Service. I get excellent advice - partial that it is of course but it's good advice.
Pretty much - so as not to bore you senseless with the worlds longest post... I get on my highhorse and take my new found knowledge in written form via email to the Real Estate. In our understanding we have a clear implied agreement both verbal and written. I ask to enter negotiations to resolve the matter rather then go straight to the RTA dispute centre. I have a clear desire to take this all the way to small claims if I have to.
Negotiations start - the new owner gets cc'd on emails and then all hell breaks loose.
It works out that the property hasn't even settled yet and that the real estate have known about the new owner to be plans for wanting vacant possesion and that they knew about this 2 weeks ago! Without informing us and letting us still sign a new lease.. and not being entirely truthful with the new owner as to our status. Plus there is a debate over the dog - despite the fact her name appears on all leases.
It's now a little legal mine field. We have written apologies from the Real Estate who are back peddling madly. We won't know where we stand until the property settles..
Why are we fighting it and don't just move? Good question.. It's a matter of principal as well as the fact that we entered the new lease agreement in good faith and made plans for the next 12 mths because of said agreement. Being given Notice to Leave during the holiday period places a huge burden on us in terms of the financial strain to move as well as losing time during the holidays with real estates closed and not that many houses on the rental market.
are you as
No comments:
Post a Comment