legal advice on a rental property

Zedjay · 25-03-2007, 10:39 PM

ok this is what has happend.

my sister has a dance studio and her lease runs out next week

she is behind in her rent and was planing on not renewing the lease.

she told the owner of the propety this but said she would pay the rent

on saturday the owner went into the studio and changed the locks and wont let her in even to get cash and her students details so she can ring everyone
to let them know whats going on.

there is also a very expensive stereo and heaps of other stuff thats worth lots of $$$ in there that my sis needs to run her studio

now i thought that a landlord had to give her an eviction notice and even have a lock smith and the law there to do this.

but they just used a spare key they had and went in and done it without even letting the real estate (that she rents through) know.

i think they have done it because they wanted my sis to sign a new 6 month lease but she has found a better studio to rent so said no.

where do you guys think my sis stands in regards to getting her stuff as they are messing with her way to make a living.

any advice would be great

cheers Rod

pertuan · 25-03-2007, 10:44 PM

I'm taking a stab here but isn't that breaking and entering? I'm sure that the agent/landlord has to give you notice if they intend to go into the property while you are still renting it. I'm sure that what they have done is illegal. I'd give a call to the local government renting agency thing. I can't remember what they're called but they should be able to provide advice.

302XLS · 25-03-2007, 10:45 PM

Rod, There's very clear rules about rental properties, I would suggest that your Sis or you go to a real estate agency where they have a copy of the rights and obligations of both renters and landlords. What The landlord has done is definately not allowed.

TURBOTAXI · 25-03-2007, 10:47 PM

Be aware that residential tenants have all the protection in the world compared to commercial tenants - who have very little protection.

If she is behind in rent she is failing to meet contractual obligations.

The landlord may be operating outside the rules, but so is your sister.

I would suggest trying to negotiate with the landlord to fix up some or all of the outstanding rent arrears in return for her stuff.

Monkey · 25-03-2007, 11:16 PM

If it was me renting the place and i had a valid lease i would go around there with a lock smith and get back in.
Simple
actually i would save some money and kick the door in :evil3:

holmsy · 25-03-2007, 11:22 PM

i would be walking up to the front window throwing a brick. backing up a truck and loading everything in. then give the owner the few hundred to replace the window.

Monkey · 25-03-2007, 11:34 PM

Quote:

Originally Posted by holmsy

i would be walking up to the front window throwing a brick. backing up a truck and loading everything in.

lol i dont know how legal that advice is.
wonder if someone will ring the cops
But if you go through the real estate place the landlord might mess her around untill the lease has expired then it will be a real hassle

**Mechan1k** · 25-03-2007, 11:53 PM

Quote:

Originally Posted by Monkey Boy

lol i dont know how legal that advice is.
wonder if someone will ring the cops
But if you go through the real estate place the landlord might mess her around untill the lease has expired then it will be a real hassle

It's as legal as your advise of kicking the door in ... in other words ... ILLEGAL.

I had this happen on a property I was renting .... so I threatened to bring the Police in on it ... they backed down quickly and allowed me access to the property immediately.

holmsy · 25-03-2007, 11:58 PM

well i work on if "legally" you should still have access as you are renting it then legally you can do what you want to the window as long as it is replaced to the original condition when you move on.

Monkey · 26-03-2007, 12:02 AM

Yeah i know vandalism is illegal thats why i mentioned using a lock smith.
If shes got a lease agreement she should be able to get the door opened.
same as if she lost her keys. I,m more concerned that that the lease is about to expire and then where will she stand.
But good call on using the cops to wake them up she should do that asap and if that dosn't get them moving try a lock smith

lukez · 26-03-2007, 07:23 AM

Just saw this and I got my fiance who is a propery manager. She does residential and was a bit unsure about the commercial side of things. She did say that with a commercial property you do have less rights than residential. Depending on how far behing in the rent the landlord may have been allowed to do the pretty harsh thing that he is done. First thing to do is grab the rights and regulations booklet and give your local consumer affairs a call. They will often talk to the propery manager on your behalf.

protd · 26-03-2007, 08:30 AM

why dont she just pay her rent, and get the place unlocked??? why is she not paying her rent??? might be easier to pay what is owed and collect her stuff and then move out, sure the owner has done the wrong thing but remember your sister has not payed her rent, i'm sure the shop owner has bills to pay also, i'd be pretty ****ed of if i was renting a property and someone was withholding the rent as well as have the nerve to tell me that there not going to renew their lease, i'm sure he's thinking he's going to get stiffed for his money and is just taking whatever he feels will get him what he is entitled too...

i dont sgree with what he's done but i can understand why he has done it...

4.9 EF Futura · 26-03-2007, 09:02 AM

The rental agreement should clearly state everybody's rights/obligations in terms of the status of tenancy and unpaid rent. That's the first thing i would have a careful read of anyways.

Hope you guys get it worked out, sounds nasty.

silvia GTR · 26-03-2007, 12:06 PM

Quote:

Originally Posted by TURBOTAXI

Be aware that residential tenants have all the protection in the world compared to commercial tenants - who have very little protection.

If she is behind in rent she is failing to meet contractual obligations.

The landlord may be operating outside the rules, but so is your sister.

I would suggest trying to negotiate with the landlord to fix up some or all of the outstanding rent arrears in return for her stuff.

Very true about the rights of residential tenants.... you can literally squat there if you have no where else to move to after the lease runs out (within reasonable time frame of course and property manager will probably hate you).

dannyxm · 26-03-2007, 12:58 PM

Read the lease agreement before anything, especially regarding both lease payments and property held on the premisies.

Most of the clients we have at this firm go of a bit crazy, when all was needed is to read the agreement and see what their entitlements are.

Easiest way out is to pay the remaining rent and ask to enter the premises to gather all property to you. Should be easy if your sister's property isnt fixed to the property being leased.

XA Coupsta · 26-03-2007, 01:30 PM

But she was going to pay the rent owed and not renew the lease right?

Well as protd said she just needs to pay the rent (which she was going to anyway) and then im sure she'll be able to get her stuff out then?

XRchic · 27-03-2007, 12:18 AM

I would be fairly sure that the landlords cannot keep her things. They have no legal claim over her property and her property is not connected to the rent she owes them, even if they think it does. And how far was she behind in the rent? And did she not promise to pay? I think that landlord is an idiot but then, not knowing the full facts are hard.

Did they try and negotiate with her before locking things up? They should have come to an agreement about the overdue rent and sorted it that way...

Either way, I am fairly sure that preventing her from having access to her property is illegal and could possibly be considered theft in itself. How do they think she will be able to pay the money for the rent if she cannot access the things she needs to earn money in the first place?

Good luck, and check the contact - that will be the key to it.

Auslandau · 28-03-2007, 07:31 PM

As stated commercial and residental very different rules. Res is way towards the renter and comm is for the owner. Get some legal advise quickly and sort it out as it will get very messy if not done straight away. Me personally would have done the same thing if someones behind on there payments ....and if they have ignored payment requests... sorry. Its not a charity but buisness

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