Is your landlord planning to sell? Know your rights now!
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Are you a renter? Do you feel stuck in a rental agreement that doesn't align with your landlord's plans for the property? If so, you're not alone.
Rental agreements are a common issue for many Aussies, and they can be tricky to navigate if you're not aware of your rights.
One particular challenge arises when a landlord decides to sell the property you're renting.
Suddenly, you find yourself in a precarious situation, unsure of role and rights.
A recent Reddit post highlights this issue for one renter who feels victimised by their landlord.
In their post, they speak of being sent a notice of intent to sell the property and that they’re expected to have the property ready for photographs immediately. The real estate agent even asked them to clean the house.
It may seem like the landlord has all the power in such a situation, but the good news is this is not the case.
Thanks to the helpful contributions from other Reddit users, the original poster, who resides in Victoria, was able to gather a wealth of valuable information.
According to the commenters, one of the things that tenants in Victoria should be aware of is that if a landlord and/or real estate agent wishes to enter the property for sales purposes, such as for a photographer or landscaper to fix and take snaps of the place, they are legally obliged to give you at least one week’s notice, this does not include the day that the notice was received.
The notice to enter or inspection notice must also be delivered via registered mail or in person unless you have prior written consent to electronic communications.
If the landlord or agent still enters the property without proper notice, they are in breach of duty and can be fined 60 penalty units (around $11k as of this financial year) and forced to compensate you for any losses. The renter is also not responsible for cleaning the property beyond what is ordinarily expected, as outlined in the lease agreement.
So, what else can you do in a situation like this?
Firstly, contact the Tenants Union of Victoria as soon as possible - they can support you in an emotionally daunting time.
Other outlets for advice include Victorian Civil and Administrative Tribunal (VCAT) which has an excellent website that details what a rental provider can (and cannot) do.
For those of you who are living in other states, we’ve also got you covered!
Different states have specific legislation in place to protect tenants' rights when their landlord sells the property. Landlords must provide tenants with notice before showing the property to prospective buyers, and each state has its own rules regarding how much notice is required.
In all states, landlords cannot evict tenants if they have a fixed-term agreement unless they violate the lease terms or both parties agree.
If the agreement is periodic, the notice period for eviction varies from state to state. Tenants' rights in each state are summarised below:
Members, ensure you familiarise yourself with tenancy laws in your state, seek help from trusted sources, come prepared for the inspection and don't be afraid to ask questions to ensure you know your rights.
Everyone deserves to be treated with respect, so share this article with your friends, family and other renters so they're clued up on their rights too!
What are your thoughts on the issue? Share them with us in the comments below! Also, for some feel-good news after reading such a stressful report, we recommend checking out this article where we shared how tenants were surprised with gifts from their landlord.
Rental agreements are a common issue for many Aussies, and they can be tricky to navigate if you're not aware of your rights.
One particular challenge arises when a landlord decides to sell the property you're renting.
Suddenly, you find yourself in a precarious situation, unsure of role and rights.
A recent Reddit post highlights this issue for one renter who feels victimised by their landlord.
In their post, they speak of being sent a notice of intent to sell the property and that they’re expected to have the property ready for photographs immediately. The real estate agent even asked them to clean the house.
A Victorian tenant took to social media to ask for advice on whether they should follow their landlord’s requests as they sell the property. Credit: Pexels/Ketut Subiyanto.
It may seem like the landlord has all the power in such a situation, but the good news is this is not the case.
Thanks to the helpful contributions from other Reddit users, the original poster, who resides in Victoria, was able to gather a wealth of valuable information.
According to the commenters, one of the things that tenants in Victoria should be aware of is that if a landlord and/or real estate agent wishes to enter the property for sales purposes, such as for a photographer or landscaper to fix and take snaps of the place, they are legally obliged to give you at least one week’s notice, this does not include the day that the notice was received.
The notice to enter or inspection notice must also be delivered via registered mail or in person unless you have prior written consent to electronic communications.
If the landlord or agent still enters the property without proper notice, they are in breach of duty and can be fined 60 penalty units (around $11k as of this financial year) and forced to compensate you for any losses. The renter is also not responsible for cleaning the property beyond what is ordinarily expected, as outlined in the lease agreement.
So, what else can you do in a situation like this?
Firstly, contact the Tenants Union of Victoria as soon as possible - they can support you in an emotionally daunting time.
Other outlets for advice include Victorian Civil and Administrative Tribunal (VCAT) which has an excellent website that details what a rental provider can (and cannot) do.
For those of you who are living in other states, we’ve also got you covered!
Different states have specific legislation in place to protect tenants' rights when their landlord sells the property. Landlords must provide tenants with notice before showing the property to prospective buyers, and each state has its own rules regarding how much notice is required.
In all states, landlords cannot evict tenants if they have a fixed-term agreement unless they violate the lease terms or both parties agree.
If the agreement is periodic, the notice period for eviction varies from state to state. Tenants' rights in each state are summarised below:
A state-by-state guide on your rights as tenants. Credit: Seniors Discount Club.
Members, ensure you familiarise yourself with tenancy laws in your state, seek help from trusted sources, come prepared for the inspection and don't be afraid to ask questions to ensure you know your rights.
Everyone deserves to be treated with respect, so share this article with your friends, family and other renters so they're clued up on their rights too!
What are your thoughts on the issue? Share them with us in the comments below! Also, for some feel-good news after reading such a stressful report, we recommend checking out this article where we shared how tenants were surprised with gifts from their landlord.
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