Jump to content

Can a landlord request this legally?


  • Please log in to reply
34 replies to this topic

#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




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

WIN an exclusive performance from Sam Moran!

To celebrate the release of children?s musical series Play Along with Sam, out now on DVD, we?re giving one lucky parent the chance to have Sam perform at their child?s pre-school or day care!

The myths and truths of gender swaying

Here are a few popular methods hopeful parents-to-be use to try to get a baby of their preferred gender – and what an expert says about whether they really work.

10 easy DIY Christmas decoration ideas

It's officially time to get into the Christmas spirit. Why not branch out when you put up your tree this year and add a personal touch with a few DIY decorations? We've found the perfect easy-to-make ways to put more festive fever into your home.

The dangerous new trend of glucose challenge test refusal

A dangerous trend is seeing more mothers-to-be declining a relatively simple and painless test to check for gestational diabetes.

Office of Fair Trading reveals naughty toys ahead of Christmas

The Office of Fair Trading has pulled seven toys from shelves ahead of Christmas after they fail safety tests.

Video: Baby boy's trouble with twins

These twin girls will no doubt have fun fooling people in years to come, but nobody will be as confused as baby Landon.

Long-term reversible male contraceptive on its way

Men could soon have access to an injectable long-term contraceptive which works in a similar way to a vasectomy but promises to be easily reversed.

'I tried to kill my baby': one mum's story

After bathing and dressing her three-month-old son, Amanda had a rare moment alone with her baby.

Attack of the 'mummy brain'

I feel that almost every day, someone in my life - be they a friend, family member or complete stranger - feels the need to excuse my behaviour as I have other things on my mind.

Mum of baby who fell ill after drinking raw milk speaks out

A Melbourne mother has described how her son turned grey when he became seriously ill after drinking raw milk.

Australian divorce rate lowest since 1976

Modern newlyweds are now well into their 30s and marriage still offers something powerful a new book argues.

The aftermath of a traumatic birth experience

In Australia, 30 per cent of women find their birth experience traumatic, with 6 per cent going on to develop post traumatic stress disorder (PTSD).

Young mum burns 'from inside-out'

A young mum is in intensive care after she took a friend's antibiotic and wound up with an ailment that is burning her body 'from the inside-out'.

The disagreement that can break a relationship

If he doesn't change his mind, all I can hope is that I will. It would be a waste to spend the rest of my marriage mourning a baby that never was.

Co-sleeping or no-sleeping? Mum videos worst nap ever

One mother's futile attempt to sleep in caught on camera in a hilarious - and very cute - video.

Why children misbehave during the festive season

While we all like to imagine the holiday season as being a fun, loving and bonding experience; often our reality is quiet different.

I was fat-shamed by my doctor

The fear of being weighed is the most significant factor in women cancelling medical appointments - and now weight-shaming has happened to me.

End of an era: no more childcare

As we reach the end of 2014, we're closing the book on many things for another year, most notably childcare. Our last child has attended childcare for the very last time.

The 7-year itch is more like the 10-year itch: study

Contrary to popular belief, making it past the seven-year mark doesn't mean your marriage will be smooth sailing from there on.

Stop telling us that parenting gets harder

I’m sure that parenting will get harder. But life isn’t exactly smooth sailing for many of us right now, either.

Should children be forced to sit on Santa's lap?

We teach kids it’s okay to say no if they don’t feel safe, so why do some parents force their children to climb in to Santa's lap?

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

Baby born weighing almost 14 pounds

Yes, the bouncing baby girl was born by caesarean section. And mum says no more kids.

The dummy debate

I'm the first to admit that when I used to see tiny babies with dummies in their mouths, I thought "Hmm, lazy parenting." And now I apologise.

WIN an exclusive performance from Sam Moran!

To celebrate the release of children?s musical series Play Along with Sam, out now on DVD, we?re giving one lucky parent the chance to have Sam perform at their child?s pre-school or day care!

'I thought I was an only child'

Imagine meeting your double at a school sports event, or regularly being mistaken for someone you haven't met. Separated twins Margaret and Joy tell their story.

Mums reveal their nappy bag essentials

Ever wondered what other mums carry in their nappy bags? We have, so we asked mums to tell us their must-have nappy bag items.

Toddler died because he wasn't given antibiotics soon enough

A 15-month-old boy would almost certainly be alive today if doctors had given him antibiotics sooner, a coroner has ruled.

VIDEO: moment a toddler falls on to train tracks in Melbourne

Shocking footage has emerged capturing the moment a pram carrying a toddler rolled off a platform and onto train tracks in suburban Melbourne.

Sold on natural birth? Read the fine print

In the excitement and anticipation of a first pregnancy, I ignored the fine print: some women, some of the time.

Child with alcoholic mum who drank while pregnant won't win pay-out

A young child is not entitled to criminal injuries compensation after her mother drank excessively while pregnant.

Superbugs killing India's babies, posing wider threat

A deadly epidemic that could have global implications is quietly sweeping India, tens of thousands of newborns dying because antibiotics no longer work.

Can you teach a toddler to sleep in?

Parents share their tips on getting their early risers to sleep in, even for just a little bit longer.

Keeping your relationship on track as new parents

About 70 per cent of couples experience a slump in their relationship within three years of having a baby. Here's how we tried to get back on track.

America's favourite baby names of 2014

Americans are turning to television, Netflix and sports for ideas for what to name their wee ones.

Carers admit to force-feeding children

As Sydney grieves the loss of Sydney siege victims Katrina Dawson and Tori Johnson, reports have suggested that both died as heroes.

 

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.