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Can a landlord request this legally?


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#1 KylieferalMin0gue

Posted 23 February 2012 - 08:49 PM

Just a quick query.  I am looking at moving house as the house that I am in is getting too small for my growing kids.  I saw an advertisement today for a property.  The description sounded good, but obviously there were no pictures.

When I called the landlord (it is a private landlord), she said that the tenants she currently has are being evicted, and she is sick of getting taken advantage of by tenants, so instead of asking for 6 weeks bond and 2 weeks rent in advance, she was not going to let anyone move in unless they paid the 6 weeks bond and 3 weeks in advance.  (ie an extra week in advance)  She also said that after the initial rent was paid, she wanted the next fortnightly payment to be 2 weeks later, so that basically if you did not pay rent on its due date she would still be a week in front, and she would go straight to the tribunal as soon as rent was a day late.  (For the record I have never paid rent late, and never would)

I was just wondering if it is acceptable or allowed for a landlord to say they wanted 3 weeks rent in advance, as well as the bond, as I have always known it as 2 weeks in advance.  (I do understand her reasoning, but it is a little unfair for all us 'good' tenants to have to come up with over $3000 just to move into a place.  (Although I know some people pay months and months in front at the commencement of a lease so as to secure a rental)

I am in SA if that helps

eta. she would not give me any address details etc, and said that I needed to fill out an application form, and for her to accept me as a tenant before I could view the property.  I also have not even seen pics.

Edited by KylieMin0gue, 23 February 2012 - 08:50 PM.


#2 3_for_me

Posted 23 February 2012 - 08:51 PM

I wouldnt be touching a private landlord like that with a ten foot barge pole.  If she is this much truble beforeyou even move in imagine what she would be like once you were actually there!

#3 Coffeegirl

Posted 23 February 2012 - 08:53 PM

IMO I'd be looking elsewhere. She sounds like a LL who wouldn't tjink twice about walking into your house at anytime "just to check something"

Run run as fast as you can!

#4 missy78

Posted 23 February 2012 - 08:58 PM

She's trouble. You haven't even moved in yet! Run! Don't walk, away!

#5 Goggie

Posted 23 February 2012 - 08:58 PM

Looks like it depends on the state and how much you pay. Found this link:
http://www.rentalagreementsdiy.com.au/tena...n_australia.php

Hth

#6 pinkpineapple

Posted 23 February 2012 - 08:59 PM

I'd be looking elsewhere too. She sounds like trouble.

Fwiw in Vic I had to pay 1months bond and 1 months rent in advance. Then rent is paid monthly DD. Notice to vacates can be issued when rent is 14days late.

Also never been able to apply for a property before viewing it.

Edited by pinkpineapple, 23 February 2012 - 09:00 PM.


#7 2FairyGirls

Posted 23 February 2012 - 09:00 PM

Run.  I had a ll from hell.  It is likely the landlord is privately renting because no agency will touch her with a 10 foot pole.  No not enter into any further discussions with her !!!

#8 casime

Posted 23 February 2012 - 09:01 PM

No way would I go anywhere near this woman!

#9 BetteBoop

Posted 23 February 2012 - 09:01 PM

In Queensland, the bond is a maximum of 4 weeks rent and you can't be asked to pay more than that (unless the rent is more than $500pw then the bond amount is not limted).

Paying 2 weeks rent in advance is often misunderstood by tenants. To be weeks in advance at all times, that means you pay 4 weeks and when 2 weeks of it runs out, you pay another 2. It doesn't mean you pay 2 weeks, wait until it all runs out and then pay rent again.

If that's your agreement, she could go to the Tribunal for a breach of the contract. Whether it gets her anywhere is another story.

Like a PP said, this Lessor sounds a bit full on. Avoid like the plague.

#10 *cough*

Posted 23 February 2012 - 09:02 PM

QUOTE (3_for_me @ 23/02/2012, 06:51 PM) <{POST_SNAPBACK}>
I wouldnt be touching a private landlord like that with a ten foot barge pole.  If she is this much truble beforeyou even move in imagine what she would be like once you were actually there!


This.

Renting from her would be asking for trouble.

#11 KylieferalMin0gue

Posted 23 February 2012 - 09:05 PM

Thanks ladies.  I was thinking about running in the opposite direction, but wasn't sure if I was being too precious!

#12 Escapin

Posted 23 February 2012 - 09:05 PM

Run! Run away!!!

#13 Guest_Cathode_*

Posted 23 February 2012 - 09:07 PM

QUOTE (3_for_me @ 23/02/2012, 06:51 PM) <{POST_SNAPBACK}>
I wouldnt be touching a private landlord like that with a ten foot barge pole.  If she is this much truble beforeyou even move in imagine what she would be like once you were actually there!

I second this! and I am a landlord!

#14 Kristina13

Posted 23 February 2012 - 09:23 PM

I agree and I am a landlord (whilst we use a letting agency)....and why does her property attract such feral (evicted) tenants???? No thanks look elsewhere!!!!

#15 Amber Spyglass

Posted 23 February 2012 - 09:30 PM

I've worked in real estate agencies and I bet she's a private landlord because she's too hard to deal with professionally.

Another who thinks you should run away now and don't look back.

#16 mummaorange

Posted 23 February 2012 - 09:34 PM

sounds like my ex landlord. it's not in reynella east is it??lol

#17 Gangnam Style

Posted 23 February 2012 - 09:48 PM

Plenty more fish in the sea.

#18 *Danielle

Posted 23 February 2012 - 10:11 PM

Just going on what you have mentioned I would have to say continue looking.  I am a property manager in WA and also a landlord.  Private landlords and private tenants can sometimes be a lot more work than is required.  You need to ask the question why is she not renting her property out through an agency????  Is she hard work?  Is she tight with moneny meaning does not like paying for maintenance??  I would stick to an agency for sure.
Good luck in your search.

Danielle

#19 FeralSingleMum

Posted 23 February 2012 - 10:20 PM

I just started renting a place and the bond was 6 week rent.

Run not walk away!

#20 taddie

Posted 24 February 2012 - 01:46 AM

She probably won't do this because she's private, but an application signed etc means they can do a credit check, and a funny thing about credit checks is if you have too many in a short time it goes against your credit score (at least it used to last time I checked). If you had to submit an application for every house before seeing it you'd be in trouble with your credit score fast. Don't do it.

#21 mumto3princesses

Posted 24 February 2012 - 06:38 AM

I agree, I would run away.

I also wouldn't be putting an application in without knowing the address and either looking at it myself or having someone look at it for me. It sounds really weird to me to expect people to apply (giving allyour  personal details) and be accepted as tenants before they can even look.

#22 Sentient Puddle

Posted 24 February 2012 - 06:43 AM

Run, run as fast as you can!  I have rented privately before but never from someone like this.  It can work but I would never put in an application before seeing a place and based on what she has already told you then you are asking for trouble even if you are a model tenant!

#23 Holidayromp

Posted 24 February 2012 - 08:01 AM

Sounds dodgy at all costs.  There is no way I would submit an application for a place I haven't viewed.  Also with that sort of attitude I am wondering if her tenants are as bad as she makes out - she sounds like she is hard work and the sort of landlord you don't want to become involved with.  

On the other hand - if she is only attracting the bad tenants - they are the tenants that noone else wants and obviously need to live somewhere and because her attitude could be scaring away the good tenants she is only attracting the bad ones because she has no choice but to accept them to have her property occupied.

Run for miles.  Also if you feel you have nothing to loose I would be telling her what you thought of her attitude and to as why she is only attracting crap tenants.  An attitude change would go a long way in her case.  original.gif

#24 MsDemeanor

Posted 24 February 2012 - 08:06 AM

Please don't rent with a private landlord. I have done so in the past and my experience was horrific. Absolutely horrific. To the point that if I told you what she had done, it wouldn't be believed it is that random and crazy.

#25 ani1

Posted 24 February 2012 - 08:07 AM

Stay away, you do not want a landlord like that  nno2.gif




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