I recently purchased a property which is still settling. There are tenants still in the place who are no longer on a lease, just a week to week agreement. I have been told i have to give them 60 days notice after the 42 day settlement period, meaning i can't move in for over 3 months! Is this correct and is there any way around it whatsoever, besides the current tenants moving out earlier of their own accord? HELP PLS!
I think you might find this varies from State to State so i would probably check with the Residential Tenancy Authority in your State.
In Qld the Vendor could certainly issue a Notice to Leave as the property is under Contract (assuming of course the tenancy is under a periodic lease agreement)
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In NSW the Vendor could issue a 30 day notice if the sale is with vacant possession. Did you buy with Vacant possession or subject to existing tenancies
I don’t have anything legal to say other than:
if this delay is going to cost you (and if other options fail) you could offer them a financial incentive to move out earlier eg no rent for the final X week(s) if they’re out by XYZ
…again: I’m not even sure if that idea is legal (so go check before doing it)
Push your solicitor to insist on VP & don't settle until vp is provided.
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