Jump to content

Renting and Rent in Advance Help!
What would you do? *long* esp Real Estate Agents


  • Please log in to reply
17 replies to this topic

#1 ~Edie~

Posted 14 August 2009 - 03:58 PM

Ok just stick with me because it's kinda a long story etc.


Ive just been approved for a new rental,its 395 a week and we move in on friday 21st of this month.


I went and signed the lease yesterday and to pay the bond of $1540(4 weeks rent)

I also brought in 2 weeks in advance that you always pay when you rent.
That brings me up to the 3rd of September.

So paid that, signed my lease....every single thing. During the time I'm signing
Property manager mentions I must be 2 weeks in advance at all times.
i'm half listening and like yeah yeah, thats normal, rented for 6 years, you know, every place
Ive rented with expects you to pay 2 weeks in advance.

Anyway finishes signing, and she mentions of course I'll need to bring another 2 weeks rent in when I pick up the keys. ???

Turns out their "policy" is for you always to have 2 weeks in advance as a sort of second bond almost, as well as your normal 2 weeks rent that you then pay when the 2 weeks expires?

Oh and as well they mention their direct debit system takes 4 days to get to my bank account to
theirs, so unless I want to be getting late rent reminders and letters and have it show up on my ledger that
Ive consistantly paid 4 days late(even though Im paying via direct debit on the day the rent is due) then could I please also pay an extra 4 days.

So they want effectively 4 weeks 4 days rent just to get into the property?

I rang the RTA ( QLD rental tenants service) and they said what theyre doing is totally not on and legally all they can ask for is the 2 weeks in advance that you always pay, and if it doesnt reach their account until 4 days later tough titties if thats the day the payment is due, and your paying through a method they ask you to pay.

I also found this on their website which confirms what I mean

Most owners/managers require tenants to pay their rent in advance. For example, the tenant may pay rent every second Saturday to live in the place for the following two weeks. Tenants will normally pay the first lot of rent before they move in. Rent in advance is not part of the rental bond.

No matter how much rent the tenant pays in advance, they cannot be asked to pay more rent until the rent paid in advance has been used up. The owner/manager cannot ask the tenant to pay more than two weeks rent in advance. However, the tenant can pay more rent in advance if they want to.


But practically what CAN I do?

I know legally I can refuse to pay it, and then have dramas with them before handover of the keys even comes? Or move in just pay the normal 2 weeks in advance and get harrassed by them daily because their
syetem would show I'm behind even though I'm not.
Start a dispute? The RTA said if they insist I pay I can start a dispute with them but then I either have the RE cranky with me before I move in, or have them make life very difficult for us.

Or pay the extra $770 rent even though what theyre asking is illegal and suck it up (while quietly seething)
Which is what I'm inclined to do.

(if it helps its one of the major, nationwide real estates that may or may not mention a colour in the name)

TIA any advice would be great.


#2 wyntery

Posted 14 August 2009 - 04:03 PM

PoshWipe, If I were you I would very "nicely" point out the RTA regulations regarding rent in advance and give this as the explanation as to why you're not paying the additional two weeks rent. By pointing out in a nice way that what they are doing is illegal I'm thinking that they'll let it 'slide'. Stand up for yourself and don't let them walk all over you!

#3 FeralAndIKnowIt

Posted 14 August 2009 - 04:12 PM

I would see if you can get the info that the RTA gave you in writing and present them with that. I'm in Vic and in our current rental we paid a 1 calendar month rent in advance + the same amount to the bond authority, then just paid the next calendar month the next month.

As long as you pay on time each fortnight then you are staying 2 weeks ahead from each rent payment. As for the direct debit thing - that's their problem I reckon, not yours. It comes out of your account the day it's due, not your fault that it doesn't go into theirs on the same day.

I hate dealing with RE property managers, majority of them seem to treat you like second class citizens - they don't seem to realise that renters won't rent forever and by treating people like crap, they're not going to be inclined to purchase property through that RE.

Good luck - don't let them walk all over you!

Edited by aimee28, 14 August 2009 - 04:13 PM.


#4 ~Edie~

Posted 14 August 2009 - 04:19 PM

QUOTE
I hate dealing with RE property managers, majority of them seem to treat you like second class citizens - they don't seem to realise that renters won't rent forever and by treating people like crap, they're not going to be inclined to purchase property through that RE.


This is exactly what this woman is like, I actually mentioned yesterday afternoon
that I spoke to RTA and I they said what they were wasking was illegal, and she just repeated it
was their policy and gave me her icy Property Manager death stare (which because I'm a big wuss sent me
running for the hills lol )


This is the same property manager who when she approved my application on Wednesday
told me she's so glad we didn't tick the box indicating that we wanted a Housing Trust Bond loan or
she wouldn't have approved the application as "they find the sort of tenants that get a bond loan arn not really the sort we want in our properties huh.gif ".


I'm a habitual renter, but I've never come across an agency like this before!

#5 Amanda_R

Posted 14 August 2009 - 04:20 PM

If it's illegal, just point it out to them.  Don't pay to keep them happy.  They would surely know it is too, I cant see why the hell they would do it, but I guess people pay it for fear they'll lose the house or something?  Perhaps keep a printout of the clause in your pocket if they try to say it isnt.

As for the direct debit, I guess if it doesn't interfere with your pay days or anything, to simplify the issue just have the debit come out a few days earlier.

I don't understand why they would be asking for the 4 days rent, even if it arrives late you are still paying for the period prior.  

Gah they sound like a right bunch of morons.

#6 justpeppermint

Posted 14 August 2009 - 04:23 PM

Don't worry poshwipe, i've had this before and there is nothing they can do to make you pay it.

My ex re also waited till after I signed my lease to mention it. I read the lease cover to cover and told them so. If it's not a part of the contract just tell them that it will be paid as per the contract and the advice you have recieved from the RTA and if they wish to take it further feel free.

They cannot force you to pay it AT ALL!



#7 Amanda_R

Posted 14 August 2009 - 04:23 PM

QUOTE
This is exactly what this woman is like, I actually mentioned yesterday afternoon
that I spoke to RTA and I they said what they were wasking was illegal, and she just repeated it
was their policy and gave me her icy Property Manager death stare (which because I'm a big wuss sent me
running for the hills lol )

Their policy is irrelevant if the laws of the state say otherwise.  No local policy can overrule it.  Can you bring someone in with you next time for a bit of moral support/backup?

That's like saying murder is illegal, but it's my personal policy that it isn't, so I'm going to kill you!  Lol ok not really like that, but yar lol. Tounge1.gif

#8 chaosprincess

Posted 14 August 2009 - 04:26 PM

I agree with the others just present the real estate with the appropriate info and let them know you spoke to someone personally at the RTA as you have been renting for 6 years and this is the first time you've ever been asked for so much rent in advance before moving in. I personally would email them so you have written evidence of their stance as proof for any later disputes, keep a copy of your own email too. It's easier to be assertive via written text too original.gif

Is this extra money they have demanded upfront on the lease or written anyway? You have no commitment to pay it if you never agreed to it. Stand your ground.

As for the 4 day thing, that's BS IMO.

Edited by raveness, 14 August 2009 - 04:29 PM.


#9 justpeppermint

Posted 14 August 2009 - 04:33 PM

QUOTE
Oh and as well they mention their direct debit system takes 4 days to get to my bank account to
theirs


Just say it seems to you that they should get themselves a more efficient direct debit system. I don't know any bank that takes 4 days to transfer.  rolleyes.gif

The fact is you pay your rent on time and can prove it though bank statements. So its a bit of tough bikkies for them.

Unfortunately for us renters you can never tell if you've got a crap realestate till after you've signed the lease.



#10 ~Edie~

Posted 14 August 2009 - 04:34 PM

I just spoke to the RTA again. Just to confirm everything.

Once again they confirmed both things theyre asking are illegal and that if they insist on the money
I can contact the RTA again and they will investigate and fine the Real Estate Agency.


Not sure RE if it's written into the lease,I havn't received my copy of it yet.
But I couldn't see anything other than the normal 2 weeks in advance which is pretty average.
But nothing about an extra 2 weeks on top of the two weeks iykwim.


I guess it's more a fear of rocking the boat, I hate dealing with real estates at the best of time,
and the thought of getting into some sort of cat fight with them already is just depressing lol.
And Property Managers are scary Tounge1.gif


#11 chaosprincess

Posted 14 August 2009 - 04:37 PM

QUOTE
Unfortunately for us renters you can never tell if you've got a crap realestate till after you've signed the lease.

yyes.gif
They often don't treat you that great before the signing of the lease, but after they have that autograph sometimes it's like dealing with totally different people.

OP if you let them get away with it, who knows how far they will push you in future. What they are doing is wrong.

But I understand you not wanting to rock the boat, you have to make that compromise in standing up for yourself and not making life with the RE a living hell.

Normally you get a copy of the lease as you sign it, well that's what has always happened with me - I sign one copy for the RE agent and one for me to keep.... this whole scenario sounds dodgy to me...

Edited by raveness, 14 August 2009 - 04:41 PM.


#12 Hayleymumof3

Posted 14 August 2009 - 04:42 PM

It's always a good idea with RE agents to stand up for your rights.  If the RTA says it's illegal for them to do so then thats the law.

We had some trouble with our RE agent who wanted to up our rent on our two year fixed rent lease Oops that didn't happen after we asked what was it was about, then they tried to changed our method of payments to a Deft card Ie user pays, on the advice of our landlord(not Re agent) who happens to be a lawyer and use to work for the consumers advice said to mention that when they were doing was illegal to try and force us to use this system and they backed down.  They went quietly about trying to shut down our other methods of payment which was we use to pay in cash but they no longer were going to accept cash because it was unsafe for the receptionist to walk it to the bank(ok fair enough) they then said that they weren't going to accept direct debuts but had to back down on that one when we pointed out that it was illegal for them to force us to use the deft card if it was going to cost us to use it but we would be happy to use it if they covered the fees and charges the card had whiched = to an extra $90 per week on the rent that we already paid.

Read your lease from start to finish and if there is nothing about this extra payment on it ask them to show you where on your lease it is and if it's not there tell them your not paying it


#13 Amanda_R

Posted 14 August 2009 - 04:50 PM

QUOTE
I guess it's more a fear of rocking the boat, I hate dealing with real estates at the best of time,
and the thought of getting into some sort of cat fight with them already is just depressing lol.
And Property Managers are scary

They know that as well, which is probably why they do it and succeed in doing so.  They know people feel nervous and dont want to lose the house, so they hold them to ransom really.

After you get your keys, go over the house with a fine toothed comb, write down even the most insignificant thing on the condition report, everything inside and out, gardens, even things that would come under general wear and tear.  The condition of the oven, stove, any grime, any dirt even if it can be cleaned, EVERYTHING.  Take date stamped photos and even video.  If they seem this dodgy now, who knows what they'd try to say you have done down the line.

Best of luck, stand your ground, good to hear the RTA are onto it.

Edited by Amanda_R, 14 August 2009 - 04:50 PM.


#14 ~Edie~

Posted 14 August 2009 - 04:54 PM

Thanks everyone, if nothing else your helping me grow some balls Tounge1.gif

In retrospect not getting a copy of the lease is dodgy, I didn't even think
of it at the time as I was so flustered from mentally trying to figure out where I
was going to get $770 at the time that I walked straight out without even thinking to ask where my
copy of the lease agreement was. I've always gotten a copy as soon as I signed with any other RE.

#15 qak

Posted 14 August 2009 - 04:56 PM

WIth our NSW property, the two weeks in advance is "policy" (or maybe in the lease?). It is never enforced, we get our net rent at the end of the month & it is usually paid up to 3-5 of the following month.

#16 chaosprincess

Posted 14 August 2009 - 04:59 PM

I tend to think some RE's push you to see how much they can get away with also.

Here in QLD laws changed recently, RE's have to give 2 other methods of rent payment if they use one of those debit cards that charge fees. Also any change in rent amount they have to give you 2 months notice. For house inspections they have to give a 2 hour window of when they will arrive, instead of the usual "here's the date, we'll get there when we get there". There were lots of changes to stop tenant being treated unfairly, which I think is fantastic original.gif

As I said before OP, carefully construct an email, it's often better than a face off. I'm able to keep my cool and say exactly what I want in an email and it's there as a record for future dates if necessary.

Edited by raveness, 14 August 2009 - 05:01 PM.


#17 Ninja Lemur

Posted 14 August 2009 - 05:01 PM

As a landlord I would be upset if my tenants were being treated this way as that is not the way i wish to be represented sad.gif  If it's illegal I woudl keep myself nice but say that you have been advised that it is illegal.  I would also note down exactly what was said you, who you spoke to and time if at all possible.  I agree that they can't make policies that are against the law.  They seem to have forgotten what the bond is for.

#18 ~Edie~

Posted 14 August 2009 - 07:02 PM

QUOTE
They seem to have forgotten what the bond is for.


That's what the RTA guy said happy.gif


Thanks so much everyone.


I'll go in on Monday and ask for my copy of the lease and politely remind them that what
they're asking is illegal and the RTA said they could be fined original.gif


Fingers crossed thats enough to do the trick, I have the receipt saying I've paid
up until the 3rd so I guess theres not that much they can do ...... hopefully!




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Heartwarming prank gives single mum the house she was hired to clean

Cara Simmons arrived at work to clean a large and beautiful house in time for a party planned for that evening. It was soon hers.

Why we should stop telling new parents to 'enjoy every moment'

A few weeks ago, some dear friends of mine had their first baby. As the proud dad texted me a picture I had to fight the natural instinct to say “Enjoy every moment!”

Transgender dad breastfeeds his babies

A transgender man who breastfed his first baby - despite having his breasts removed as part of his transformation from female to male - has now had a second child.

Couple face $1 million medical bill and bankruptcy after babymoon birth

A Canadian couple were slammed with a million dollar medical bill after their daughter was prematurely during their babymoon.

Win one of 5 Little Tikes Cozy Coupe Sport

Australia?s No 1 selling car is now available in a Sports model and we have 5 to give away to some lucky Essential Baby families.

Cigarettes, junk food dominate supermarket sales growth

One in every five dollars spent at supermarkets goes on cigarettes or junk food, according to industry data.

Teacher under fire for breastfeeding in class

There is no doubt mums have a right to continue breastfeeding after they have returned to work, but one teacher in the US has taken it to the extreme.

Video: Baby sniffs beardless dad to make sure it's him

She looks him up and down and then touches his chin, but baby Lindsey still isn't sure this clean-shaven man is her dad.

The tragedy of losing a favourite teddy bear

We were green and uninitiated, perhaps a little naïve when it came to the favourite toy responsibility.

It's possible to workout while pregnant

Medical experts say intense fitness routines can be done safely during pregnancy - if the mums-to-be follow some guidelines.

Baby for Asher Keddie and Vincent Fantauzzo

Fans followed every step of her on-screen pregnancy in Offspring, now Asher Keddie is going to be a mum in real life too.

What parents really want for their kids

Are our hopes, dreams and expectations for our children what they really need?

'I had a feeling something was seriously wrong': the fight for Kaden's diagnosis

Before even giving birth, Katie Myers' maternal instincts warned her something was wrong with her baby.

When your pregnancy causes a relationship rift

Some dads-to-be don't miss a beat when their partner is pregnant; others struggle with a range of issues and can become withdrawn, right when their support is needed most.

Couple uses group photo trick to announce pregnancy to loved ones

Katharine and Kris Camilli devised a clever trick to immortalise their family and friends' reaction to their exciting pregnancy news.

Why Tracey Spicer has given up make-up

"After 30 years on television, I had become what I despised: a painted doll who spent an hour a day and close to $200 a week putting on a mask."

Empowering bikini photo of 46-year-old mum goes viral

When a group of teenagers made rude remarks about her body as she walked past them in a bikini at the local beach, Julie Cross refused to cover up.

Devastated widow discovers she's pregnant the day before husband's funeral

They had been trying to conceive a baby for seven years. Tragically Kristy Kirchner found out she was pregnant the day before her husband Royce's funeral.

Win a family pass to Disney Live!

We have 4 family passes to give away to see Disney Live! presents Three Classic Fairy Tales, touring Australia this December/January.

Gabriella Goat sues Peppa Pig

Every toddler's favourite television pig is being sued by an Italian woman who shares a name with a Peppa Pig character.

Meet the Mpregs, the male pregnancy enthusiasts

"Men can't have babies - that's something only women can do! But our community is full of like-minded people who wish otherwise."

Your new motherhood survival kit

Forget about the bright, pretty baby things - while you're in survival mode, all you'll need are the essentials.

More than 100,000 cars recalled globally after death of pregnant woman

The announcement of a mass recall comes as Malaysian police investigate the death of pregnant woman in July.

I had a 'good baby' but still suffered from postnatal depression

I had a much wanted precious baby girl, a 'good baby' who slept well, self settled and was mostly content. It just seemed implausible to think I could succumb to depression.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Win one of 5 Little Tikes Cozy Coupe Sport

Australia?s No 1 selling car is now available in a Sports model and we have 5 to give away to some lucky Essential Baby families.

Join PADDINGTON on the red carpet!

To celebrate the release of PADDINGTON, we are giving five lucky winners the chance to win a family pass to the exclusive Australian Premiere in Sydney on December 7!

Knowing you are one of the lucky ones

I am secure, confident and strong, but the responsibility of protecting my children can almost bring me undone.

Why I am so emotional now I have kids?

There are so many ways in which parenthood changes us as women, but one of the most noticeable, for me, has been the changing state of my emotions.

Baby survives despite sharing womb with 'foreign body'

Baby Maia was conceived against the odds, only to find she was sharing a womb with an ominous "foreign body".

Video: Baby shows dog how to jump - or vice versa

They say dog is man's best friend, but this playful pooch seems to have chosen a jumping baby as her number one buddy.

10 ways to soothe a crying baby

New paernts can get frustrated when their newborn gets fussy and can't settle down. When you're feeling overwhelmed, try some of these simple tips to help soothe your baby.

20 baby names that are becoming more popular every year

The data-lovers at nameberry.com have been at it again – this time, they’ve discovered the names that are continually rising up the ranks, ready to take out some top spots in the next few years.

10 great meals to make for new parents

Ideally, you want to give food that isn’t expensive to make, isn't too difficult to create, and freezes well; stews, bakes, soups and pasta sauces are perfect.

'It's not you, it's me': Boston bombing survivor mum to have leg amputated

Rebekah DiMartino is going through a break-up. She even wrote a farewell love letter. But it's not to her husband.

What it's like to go through early menopause

In a cruel twist, Carla had been breastfeeding and perimenopausal at the same time. But she's far from the only one to go through menopause early.

Restaurant served alcohol to two-year-old

Busy restaurants can be forgiven for getting food and drink orders mixed up from time to time, but not when the confusion leads to a two-year-old being served an alcoholic cocktail instead of the child-friendly beverage they ordered.

Julia Morris tells of miscarriage on a flight

Julia Morris has spoken about the devastation of suffering a miscarriage while on an international flight.

Woman's survival after birth 'a story of two miracles'

A US mother is home and tending to her new baby less than a month after surviving without a pulse for 45 minutes.

Eating ice may give mental boost to the iron deficient: study

A new study proposes that, like a strong cup of coffee, ice may give those with insufficient iron a much-needed mental boost.

Tiny lives in caring hands: Thank U NICU Day

Each year in Australia, over 40,000 newborns need the help of a special care nursery or neonatal intensive care unit. One day a year, the staff are honoured by the parents they help through those dark days.

I paid $50,000 to have a girl

This time my husband and I hadn't taken any chances. We had paid $50,000 and travelled 13,000 kilometres to make sure the baby growing inside me was female.

Weird pregnancy products

Some pregnancy products come to market and are just awesome. Others just leave you scratching your head.

Dear firstborn, I'm sorry

Being a first-time mum is tough for so many reasons – particularly because you really have no idea what you're doing.

A trace of sesame could kill my son

Helen Richardson son's had two anaphylactic reactions in a month. It's traumatic for everyone.

When you know before the test says yes

It wasn't a pregnancy test or missed period that told me I was pregnant with my second baby; it was too early for those things. A doner kebab told me I was going to be a mum again.

What not to do when your partner is in labour

Robbie Williams stole the show during his wife Ayda's labour, pretty much demonstrating everything on the "what not to do when your partner is in labour" list.

Best maternity swimwear and beach cover-ups

Thinking about a tropical babymoon but have nothing to wear? Here are some great swimwear and beach cover-up options for mums-to-be.

'Chopstick Baby' born at 23 weeks

Given the nickname of 'Chopstick Baby' by local media, a baby born weighing 660g has survived a week outside the womb.

 

How many weeks til Christmas?

On your To-Do list

Get the "Santa" shopping done without the kids in tow.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.