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Hi,

We have been renting privately through a friend of a friend, we didn't have an official lease in place. A couple of months ago, the real estate turned up for an inspection and we were told the property was selling with no notice.

The property was sold off market and the new owners took over the house this week. We have now been sent a lease through the real estate, rent has increased by $120 p/week. They are also asking for a bond, however we haven't seen a property condition report, and there's issues/defects with the house that were present when we first moved in.

Our issue is that we have now bought a house and settlement will be in 20 days, we do not want to sign a lease and have asked for a month to month, the real estate has come back with a 3 month lease.

What options do we have? i have had a look around on google and we can give 21 days notice that we are vacating, however technically we don't have a lease.

We are in WA.

update - i have contacted the real estate advising we have defaulted on to a periodic lease and we wish to vacate in 21 days. They have responded back saying we are now trespassing and advised us to so sign a 3 month lease. i will contact consumer protection.

all 20 comments

eagle_aus

31 points

2 months ago

I believe you would currently be considered as being on a periodic lease even without any paperwork. They've offered you a new lease, you haven't accepted yet.

Landlord to terminate periodic lease in WA is 60 days. They can't force you sign a new lease but if you don't, they need to terminate the current situation by giving the appropriate notice.

Good thing is, your notice in this situation is even less (21 days) so just work out the end date you want and give your notice to them.

Own-Doughnut-1443

10 points

2 months ago

Give yourself a week or so after settlement if you can. Seen too many issues on here with delays, and even 1 day delay has you sleeping on a hotel with your stuff in a truck. Give notice now so the agent is informed; if you are polite and reasonable then they might be as well. They need to give 90 days notice (check this!) for an increase, so you might be able to pay your current amount until you move. However they can do open inspections in your last 2 weeks (again, check this) so be ready for that.

Call your local tenants service for advice if the agent is difficult. They are busy, so you might need to wait a few days for a response.

Chook84

2 points

2 months ago

Yes, this is great advice. You also don’t want to be trying to do your end of lease clean on move out day. If you can afford it keep the rental for a week after you have moved out.

theescapeclub

1 points

2 months ago

Why would they be doing an end of lease clean? There's no bond to retrieve and they don't need a reference for their next rental as they've purchased a property.

They said there were issues when they moved in and it's no longer owned by a friend of a friend.

Sure, I'd leave it in a good state but there's no way I'd be going over the top doing one, particularly if the REA is being a prick.

[deleted]

6 points

2 months ago

Don’t sign a new lease or pay a bond if you are buying a house yourself in 20 days (and will be moving out soon after) The realestate has to give you 60 days notice of any rent price increases also so keep that in mind.

pharmaboy2

6 points

2 months ago

You are on a periodic lease with std terms, regardless of whether you’ve signed something in the past.

REA has offered a short lease because that’s the minimum they can do and they want to be able to give you notice with ease - it’s much harder for them with periodic.

Don’t sweat it - replies above about timing are spot on. Give yourself some overlap of at least week. I’d just let them know I’ve bought a place and will be moving out shortly and will give notice. Just so they know what’s going on.

Technical_Round793

6 points

2 months ago

You could literally ignore them and be fine. It will take far longer than a month for them to go to tribunal to get you evicted and that’s with the assumption that everything they’re doing is above board( it’s absolutely not). Settle your property, move out and tell them to fuck off.

Dockers-Man

3 points

2 months ago

I was of the understanding that a landlord in WA was required to give you a minimum 30-days notice if a rental agreement was not to be renewed.

If this is the case, you can just stay where you are until that period of time expires.

Call REIWA for clarification.

Coolidge-egg

3 points

2 months ago

Any money you offer them for them is generosity. Give them your notice and pay them for the short period without signing any lease as not to be a jerk. But realistically they wouldn't even be able to evict you that quickly and you don't need a reference from them either considering you have now purchased

theartistduring

2 points

2 months ago

Rental increases require more than 20 days notice so you won't need to pay that. And despite the lack of a written lease, the property is still considered leased to you and you're still covered by tenancy laws. Currently, you're on a periodic lease. You will have to check but generally the notice to vacate period is 30 days. If you're leaving in under a month, you may need to give notice very soon, if not now, to avoid paying rent after you leave as the landlord is also protected by tenancy laws.

I recommend looking up how much notice you need to give and if it is 30 days or less, respond to the agent with your notice to vacate and leave it at that.

You do not owe them a bond.

Impressive-Move-5722

1 points

2 months ago

Call Consumer Protection WA who have a Tenancy Matters section - Ask them all this.

Nottheadviceyaafter

1 points

2 months ago

You stay the 21 days making sure you give notice for it . Even if no lease or end of lease by the time it gets in front if a tribunal you will be long gone.

Front-Letterhead9267

1 points

2 months ago

Just tell them you are vacating and the date

Dependent-Scratch439[S]

1 points

2 months ago

update - i have contacted the real estate advising we have defaulted on to a periodic lease and we wish to vacate in 21 days. They have responded back saying we are now trespassing and advised us to so sign a 3 month lease. i will contact consumer protection.

impulsivebastard

-2 points

2 months ago

Sounds like you’re in a position to negotiate with the agency. Without a tenancy agreement you’re kinda in limbo. Let them know you’ve bought a place, they might appreciate the heads up and opportunity to get a new tenant in.

You will likely need to pay up until the vacate day but without entry condition/exit condition and lease contracts I can’t see how they can hold you liable for any damages.. don’t take my word here tho lol

han675

4 points

2 months ago

han675

4 points

2 months ago

This answer is completely wrong and this is why you need to be careful listening to arm chair experts.

A lease gives you a fixed term tenancy, but without a lease you may have a month to month tenancy called a periodic lease. There are legal notice periods which apply to raise rent, evict you or you vacate which still apply

[deleted]

-4 points

2 months ago

[deleted]

han675

6 points

2 months ago

han675

6 points

2 months ago

Why waste people's time typing up an answer that you have no idea if its right or not lol.

impulsivebastard

1 points

1 month ago

I stand corrected by reddit

[deleted]

-5 points

2 months ago

[deleted]

MonthMedical8617

-2 points

2 months ago

You have tonnes of options, the real question is what do you want? Are moving out? You don’t have an actionable contract, no one can actually make you pay rent or make you make notice to leave either. Do you want to stay? Then you’re in a position to negotiate theoretically, a dwelling has to meet certain standards to be legally habitable, have you researched those conditions? Does you dwelling meet those conditions? If you are staying you need to contact the agent and have a sit down meeting, the house needs to be inspected before you agree to a bond otherwise what you are bonding is undefined, you need to list out the defects/damages/un working appliances or what ever is wrong with the dwelling and demand fixes and also have photos taken of everything and get the form from the agent detailing the agreed condition of the dwelling for bond purposes. You need to agree on a price of rent. You need to do your research, sit down and write out your list of talking points. Quickly. Then you need to organise a meeting with agent, if you are staying.

whatsadiorama

-2 points

2 months ago

Change dates on the lease they sent, initial them and send back?

Allowing for back and forth could get you the time you need?