First National

First National

Friday, December 21, 2012

Moving out of a rental property - KNOW YOUR RIGHTS!

http://discover.realestate.com.au/renting-sharing/how-to/moving-out-of-a-rental-property

Depending on the circumstances, you may have to give up to 28 days notice that you will be leaving. Of course, if the property becomes uninhabitable you can leave and stop paying rent, as soon as you serve a Notice to Landlord explaining why you are leaving.

During a fixed term agreement, you can only end the lease if your landlord agrees. 
If the lease is causing you severe hardship, you can also apply to the Victorian Civil and Administrative Tribunal (VCAT) to end a fixed-term tenancy early.

Remember to give notice correctly!!! No one wants to be paying rent even after having moved out!

Tenant giving notice of intention to vacate:  

http://www.consumer.vic.gov.au/housing-and-accommodation/renting/ending-a-lease-or-residency/tenant-or-resident-ending-lease-or-residency/tenant-giving-notice-of-intention-to-vacate

Share houses mean shared responsibility

If another tenant takes your place when you leave, you'll need to send a completed tenant transfer form to the Residential Tenancies Bond Authority (RTBA). - call on 1300 137 164 or email rtba@justice.vic.gov.au

- Get the new tenant must also sign it. - Make sure your name is taken off the lease, or you could be held jointly responsible for any damage or repairs, even if it happens after you move out.
- When one co-tenant leaves, sorting out the return of bond money is a private matter between you and the other tenants.

When you're not the main tenant

When you leave, you must give them the proper notice, which depends on the reason for leaving.
If you paid a bond, the head tenant was obliged to lodge it with the Residential Tenancies Bond Authority (RTBA). The head-tenant is, in effect, your landlord for the RTBA's purposes.

Show me the bond money

If process was correctly followed, signatures on bond claim form matches RTBA's records and RTBA has bank account details, you should receive bond money within 2-3 days.

If you met all the conditions of your lease, you should get the full amount back.

If you can’t reach agreement, you can apply to your state tribunal for a hearing to resolve the matter.

** Never sign a Bond Claim form that doesn't show the amount you're to receive as a bond repayment **

HOW TO AVOID PROBLEMS:
  • check the property against the condition report from when you moved in
  • compare the property now to any photos taken at the start of the tenancy
  • take photos when you leave
Check out link above for step-by-step process of claiming a bond

Your things must vacate the property too

If you leave anything behind when you leave a rented home, you will have to arrange with the landlord to collect them as soon as possible - They cannot refuse to return them, even if you owe rent.

 

 

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