Flat Chat Forum Rental rants Current Page

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  • #53779
    roaming renter
    Flatchatter

    Hello, I rent an apartment with common pool, sauna and a parking spot. I recently gave notice to move out of my apartment. I am paying rent for another 10 days.

    I secured a nearby apartment in the same block and have now mostly moved out except for a few small things (which happen to be valuable). I have seen that the landlord has been coming to use the common facilities (eg pool), is parking  in my spot and has entered the apartment I am still renting from her without my consent.

    The landlord says this is ok since I have essentially moved out and because the managing agent currently has my keys for their cleaners to do the move out clean. Is this allowed?

    Agent said handing over keys means I have vacated. I think the Landlord must be using her own keys  to enter as agent says they still have both sets of keys.

    Two issues- can landlord or agent enter my apartment without consent if I’m still paying rent and can landlord use the common facilities while I’m renting? Thank you for any advice!

    • This topic was modified 1 week, 5 days ago by .
Viewing 7 replies - 1 through 7 (of 7 total)
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  • #53809
    Jimmy-T
    Keymaster

    You would be entitled to return of some rent if you could prove the landlord entered your property (needs to be better than just your word) and even then you would probably get resistance to such a claim, which would not be worth going to court for such a small amount.

    Might be worth a claim to Consumer Advice Victoria (CAV)  for a rent refund which will cost you $65.  But the landlord’s action certainly undermaines any claim they may make against the rental bond.

    Have a look at the CAV Website for more information.

    #53805
    kaindub
    Flatchatter

    You are effectively the owner of the property whilst you continue to pay the rent. If you have paid the rent for the next 10 days, then unless the landlord gives you notice (find the notice period in your tenancy agreement) then they cannot enter your premises and only when you are present.

    The landlord cannot park in your spot as well for the same reason.

    As for using the common property facilities, that’s a question for the Owners Corporation to adjudicate.

    In the act, any owner or tenant is allowed to use the common property facilities. The act does not exclude one at the expense of the other unless there is a bylaw to that effect.

    I guess that’s just one of the quirks of strata law.

    You would be entitled to return of some rent if you could prove the landlord entered your property (needs to be better than just your word) and even then you would probably get resistance to such a claim, which would not be worth going to court for such a small amount.

     

    #53801
    roaming renter
    Flatchatter
    Chat-starter

    Thanks for this advice. I had given the keys to the managing agent temporarily (on the envelope with keys it clearly stated they were for the cleaners use in case I got caught up in the Covid border closures since i was going interstate over Christmas).

    I also informed the managing agent this was the case. It was obvious I wasn’t moving out given there were still items in the home. How does this work now re: bond if someone has been using the apartment without my knowledge before final inspection?

    Can I then be responsible for damage done by the landlord or works they are doing? Am I also responsible for paying the utilities the landlord is using in the apartment eg hot water and electricity for showers after swims?

    I have to pay utilities until cleaner comes and the managing agent complained when I stopped the water and said I must pay this until end of lease date.

    These seems to put me in a vulnerable position and appears pretty unreasonable given I’m still paying rent. My valuables are still there and I can’t get in to check them yet as i am in quarantine yet unknown people are coming and going and using the apartment.

    • This reply was modified 1 week, 5 days ago by .
    #53799
    Austman
    Flatchatter

    It would be an odd situation to had over all your keys at the end of a lease (or just near it) and not expect that the lease (and your access) had ended.

    The landlord or their agent have their own keys for access.   They shouldn’t have needed yours.

    Did you agree that it was temporary and that you’d be collecting the keys back from them?  It would have to be an arrangement like that…

     

     

     

     

    #53793
    Jimmy-T
    Keymaster

    Austman is right – if you have handed over the keys.  This Tenants Victoria factsheet says as much, right at the top.

    The only difference I can see would be if you’d said you needed the keys back (for instance to pick up those last few valuables) or if the final inspection hadn’t occurred when the landlady had taken over the property.

    In that case, it’s possible the lease doesn’t end until you finally hand over the keys or you reach the termination date on your lease

    It’s irritating to think she is using facilities on your dime, and maybe you could get a partial refund on your rent by applying to Consumer Affairs. But I have my doubts. Maybe the best thing you can do is just move on and enjoy your new home.

    • This reply was modified 1 week, 5 days ago by .
    #53791
    Austman
    Flatchatter

    Agent said handing over keys means I have vacated.

    AFAIK that’s correct.

    A lease ends when you vacate the premises and return the keys to the landlord or their agent.

    You might still have to continue to pay rent depending on the termination notice given.  But the landlord or their agent could enter the premises as they wished because you have terminated the lease.

     

    #53786
    roaming renter
    Flatchatter
    Chat-starter

    Ps I am in Victoria!

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