Hello all,
A simple question really we have tenants in our property who do not want to sign up for another 12 months as they have put an offer in on a house however they don't have a date to vacate so we are not able to advertise for new tenants. Their Lease expires on 1st May should we give them 30 days notice and start advertising. I am going overseas in June/ July and want this issue finalised before I go as I don't want our agent bothering us when we are on holiday.
Thanks in advance
NatHi Nat
If it were me, I'd get your property manager to give the tenants the official notification required in your state, that instructs them to vacate at the end of their lease. This should give your property manager plenty of time to gets new tenants in, before you head off.
Cheers, Paul
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If their lease expires on 1 May then they need to be out on 1 May. You can start advertising now for new tenants to commence on 1 May.
Have the tenants given you formal notice that they don't intend to renew their lease? If so, then you don't need to do anything. If they have just given verbal notice then you need to be the one to give them formal notice in writing. Check with your agent as to the minimum time to do this – it has been 14 days in every state I have held property but check with your agent.
Cheers
K
Hi Macnatt. Yep, give them notice now. If not, you may find you have to go 'month by month' as far as the 'unspoken lease' (for want of a better expression goes') and then you will still need to give notice even then. Get you agnet to advise them in writing they need to vacate at end of lease as it will not be renewed. All the best with overseas. Cheers
Hello.
Not sure what state you're in, however my advice is based on vic law.
As stated earlier, once the lease expires, it goes on a month to month. By law, a tenant must give at least 28 days notice to vacate. By law, an agent/landlord can allow prospective tenants to enter the property within 14 days prior to the expiry of any vacate notice (by landlord or tenant). You can negotiate with your tenant to allow you to show prospective tenant in the property within the 28 days. Make sure you get written consent to back you up. The way the rental maket is at the moment, you agent shouldn't have a prob with finding another tenant.
Don't stress, just make sure that your tenants comply with the law, if they don't and just leave, you can claim compensation up to 28 days for not giving you notice. You should be able to claim this from the bond.
Check with you local gov't office that provide res tenancy advice in your state if not vic.
If you want to give notice, unless it's for a specified reason with the requirement of the law (check with your agent) it must be 120 days notice for no specified reason.
I think you best to wait until the tenants give you notice, just make sure that they understand what they must do by law. Again, your agent should be on top of all this.
Hope this helps.
Also, not sure about Linar's advice 'if their lease expires on 1 May then they need to be out on 1 May. You can start advertising now for new tenants to commence on 1 May.'
Not sure how it works in other states but not in Vic. You are still req to give the required notice to vacate. A notice to vacate for end of fixed term is 60 days notice for a 6 month agreement and 90 days for a 12 month. The vacate date must be on the same date of the end of lease, no later. Otherwise it's a 120 days. Once a tenant gets a notice to vacate and are on a month to month periodical agreement, they can serve a 14 days notice which gives you less time to prepare. As you can see the legislations leans more towards the tenant as it's their principle place of residence.
You are right Bart. VIC has particularly onerous notice requirements for landlords. Other states don't require anywhere near as much notice.
Cheers
K
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