We got a posting recently from a tenant who has gone from a six month lease to a "periodic" – ie, open-ended - tenancy. The landlord asked to put the rent up by $10 but the tenant agreed to a $5 a week rise and wanted a 12-month lease locked in.
Now the landlord is saying they can have the 12-month lease but they want the full rise. "I don't want to move. Is this legal?" our reader asks.
Firstly, a new lease is a new deal and it's entirely up to you whether you agree to its terms or not. If not, and the landlord wants you out, they have to give you 90 days notice in writing.
Otherwise, you can continue the periodic tenancy and the landlord or their agent must give you 60 days written notice of a rent increase. However they can raise the rent as often as they wish (as long as the rise isn't excessive), so they could theoretically get their money, and more, anyway.
This is one of those situations where a reasonable compromise, backed up with a valid lease, would be the best outcome for everyone concerned. But check with tenants.org.au for all the facts before you decide what to do next.
Read the full (and quite complicated) original posting HERE.
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