All Topics / Help Needed! / Who is in the right

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  • Profile photo of NewbyNewby
    Participant
    @asaxby
    Join Date: 2015
    Post Count: 1

    Ok, it’s a bit of a long story, but had a IP for last 10 yrs in WA. We live in a different state. Last 5 or so yrs had the same tenant. 12 months ago we changed Real estate agent.
    Tenant gave 30 days notice to vacate. She handed back keys 3 days before her vacate date was up. But had made arrangements for HER cleaner to pick up keys to do an end of lease clean. This took the cleaner over two week to do due to being ill and busy etc.
    I was ensured by PM that rent would be paid up until this date.m(the date the cleaned returned the keys).
    So bond disposal was lodged and obviously the tenant didn’t agree with this, and threatened to take us to court as she felt she wasn’t liable.
    So with no correspondence to me, the PM amended the bond disposal to the date the tenants 30 days were up.
    I was so cranky as I found this up two days before before the mortgage payment was due and was expecting an extra 20 days rent.
    I spoke to dept of commerce, who said someone is liable and she felt it shouldn’t be me.
    I have emailed and phoned the real estate agent but the licensee has been unwell ‘apparently’ and has been unable to talk to me for past 2 weeks. As the property is now for sale with the agengency, let’s, just say I’m getting rather annoyed.
    Any advice or experience would be good.

    Profile photo of SteveSteve
    Participant
    @steve70
    Join Date: 2015
    Post Count: 10

    Hi Newby,

    First up I have never had an IP in WA but as a general rule, the tenant is responsible to pay rent until they hand over vacant possession of the property, not necessary the keys. It would be interesting to see when the Property Condition Report was completed and checked by the PM.

    Bottom line the PM should have been on it with the tenant, however any recovery of money now would probably have to be based on loss income from your point of view. ie did not having it cleaned stop another tenant from moving in etc, so what are your liquidated damages.

    Regards

    Steve

    Steve
    Email Me

    The devil is in the detail, always ask why?

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