kicked out
May 12th 2009, 9:43 pm
#1
Krunchynutt
Thread Starter
Joined: Mar 2007
Posts: 97
kicked out
Just found out yesterday we are to be kicked out of our rental 4 weeks early due to a mistake on the lease which states we have a 6 month rental starting from jan14th and ends june14th which is 5 months, agent says owner wants to end renting so we will have to vacate before that date even though lease also states 6 months which should be july 14th.
Anyone encountered this before.
Anyone encountered this before.
May 12th 2009, 11:44 pm
#2
BE Enthusiast
Joined: Feb 2007
Location: Sydney
Posts: 924
Re: kicked out
Didn't you check the lease when you signed it? It would have been much easier to have it corrected at the beginning rather than four months in. Basically both parties have signed a contract that contains an error, your landlord wants to interpret the error one way, you want to interpret it another. As a five month lease would be non standard (they are generally, though not always, six or twelve) I would argue that the mistake is clearly in the end date rather than the length of the lease. If the agency prepared the lease for signature it would be their mistake so you could tell the agency that it is between them and the landlord to work out what the landlord will do about THEIR carelessness; nothing to do with you. If they get shitty contact the tenants advisory service, I have clarified things with them in the past (I did my legal training in the UK) and found them really helpful.
May 13th 2009, 1:21 am
#3
BE Enthusiast
Joined: Nov 2005
Location: Brisbane
Posts: 413
Re: kicked out
Just found out yesterday we are to be kicked out of our rental 4 weeks early due to a mistake on the lease which states we have a 6 month rental starting from jan14th and ends june14th which is 5 months, agent says owner wants to end renting so we will have to vacate before that date even though lease also states 6 months which should be july 14th.
Anyone encountered this before.
Anyone encountered this before.
They really helped us out when the landlord was trying to do the dirty on us in our last house.
May 13th 2009, 8:01 am
#4
Krunchynutt
Thread Starter
Joined: Mar 2007
Posts: 97
Re: kicked out
Didn't you check the lease when you signed it? It would have been much easier to have it corrected at the beginning rather than four months in. Basically both parties have signed a contract that contains an error, your landlord wants to interpret the error one way, you want to interpret it another. As a five month lease would be non standard (they are generally, though not always, six or twelve) I would argue that the mistake is clearly in the end date rather than the length of the lease. If the agency prepared the lease for signature it would be their mistake so you could tell the agency that it is between them and the landlord to work out what the landlord will do about THEIR carelessness; nothing to do with you. If they get shitty contact the tenants advisory service, I have clarified things with them in the past (I did my legal training in the UK) and found them really helpful.
I did read the lease but missed the date, I just noticed the 6 months part as there was lots of other parts to read.
May 13th 2009, 11:53 pm
#5
Joined: Dec 2003
Location: Hillarys, Perth
Posts: 3,973
Re: kicked out
Just found out yesterday we are to be kicked out of our rental 4 weeks early due to a mistake on the lease which states we have a 6 month rental starting from jan14th and ends june14th which is 5 months, agent says owner wants to end renting so we will have to vacate before that date even though lease also states 6 months which should be july 14th.
Anyone encountered this before.
Anyone encountered this before.
I would go back to the agent and tell them that you signed for a 6 month lease and just because the agent incorrectly and incompetently wrote the wrong end date does not mean you have to leave on the earlier date. Mention that if you find somewhere else more suitable in the mean time you will move earlier if that suits you.
Agents know that if tenants stick their heels in they can not remove them from a property for months even if the tenants dont pay rent at all.
May 14th 2009, 12:45 am
#6
BE Forum Addict
Joined: Apr 2005
Location: Burnham On Crouch Essex
Posts: 1,511
Re: kicked out
Landlords seem to be able to do what they like here.
However i agree the residential tenancy people are excellent and will be able to assist. Good luck.
However i agree the residential tenancy people are excellent and will be able to assist. Good luck.
