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How long must a lessor give a tenant to vacate?

By Josie29 - 6 December 2011 9

I was living in a group house, there was no written agreement but I have evidence of rent being paid weekly from my transaction records. The 2 people I lived with – 1 being the daughter of the house owner- decided they could no longer pay rent. The owner gave us 12 days to vacate the premises and 2 of those days we had people coming to view the house as new tenants.

Please note the 2 people I live with were still continuing to pay rent, and they explained to the landlord they needed to move out after christmas this year, at which stage she gave us 12 days to move out and put the house in a real estates hands.

As there is no written agreement is this legal? How long legally are they meant to give notice to vacate the premises? Everything has since turned into a massive personal issue, but I just want to get some facts! Having no formal agreement in place has really turned ugly for both parties.

I am looking for some proof to have a bit of back up behind me so any links to support answers would be great 🙂

What’s Your opinion?


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9 Responses to
How long must a lessor give a tenant to vacate?
Sandman 8:41 am 08 Dec 11

I’d chalk this one up to experience and let it be. From the sounds of it no-one involved really behaved correctly. You should have given the owners daughter a chance to tell her own parents and then if she didn’t, just inform the landlord of your intention to move out (without mentioning the other 2). If there’s no written agreement then there is probably no set lease term?
The daughter should have gone and told her parents and the landlord could have allowed the appropriate time, although from their perspective they probably don’t want you guys filtering out of the house when it suits you and them being stuck with an empty house throughout January (not the best month for trying to find tenants.)

If there’s no written agreement then I also assume there was no bond payed? A casual agreement will result in a very casual experience, and getting in the middle of family politics isn’t a great idea either.

Erg0 3:03 pm 06 Dec 11

Inappropriate said :

Was the implied agreement with the landlord, or the landlords daughter?

(Nudge nudge wink wink know what I mean?)

Holden Caulfield 2:25 pm 06 Dec 11

Josie29 said :

The 2 people who live with me told me first without telling the owner. I then told the owner of their intent to move and that was the first she heard of and at the same she decided on a date to leave in 12 days from that time

Oops, you must be housemate of the week right now. 😛

Inappropriate 2:15 pm 06 Dec 11

The answer all depends on wether you’re considered a tenant, or an occupant (eg boarder/lodger).

Was the implied agreement with the landlord, or the landlords daughter?

thehutch 1:49 pm 06 Dec 11

Tenancy & Occupancy agreements can be verbal or implied.

There is not enough information to provide advice – when one person (who is a joint tenant) moves out of the property, the tenancy agreement ceases. The legality is whether advising the lessor that you intend to move out is the same thing… my thoughts are the tenancy agreement is current until the party vacates.

If your flat mate has provided notice, I do not believe the Lessor can ask them to leave in the interim without providing the legislation notice (as per itsallme posts).

It also depends on what the verbal agreement entailed (was it periodic, fixed etc)

The other thing to consider if you living at the property under an Occupancy Agreement rather than a Tenancy Agreement, it could mean the 12 day notice is sufficient.

Josie29 12:23 pm 06 Dec 11

The 2 people who live with me told me first without telling the owner. I then told the owner of their intent to move and that was the first she heard of and at the same she decided on a date to leave in 12 days from that time

Madman 12:18 pm 06 Dec 11

Depends what state your in as the tenancy act changes…

You need to contact the Tennants Union of ACT or NSW for the correct advice and is a free service.
Google it cause i’m feeling pretty lazy.

itsallme 11:55 am 06 Dec 11

96 (1) If there is a periodic tenancy, the lessor may serve on the tenant a notice to vacate for the following periods on the following grounds:
(a) 4 weeks notice if the lessor genuinely intends to live in the premises;
(b) 4 weeks notice if the lessor genuinely believes the lessor’s immediate relative intends to live in the premises;
(c) 4 weeks notice if the lessor genuinely believes an interested person intends to live in the premises;
(d) 8 weeks notice if the lessor genuinely intends to sell the premises;
(e) 12 weeks notice if the lessor genuinely intends to reconstruct, renovate or make major repairs to the premises and the reconstruction, renovation or repairs cannot reasonably be carried out with the tenant living in the premises.
(2) In this clause:
immediate relative means a son, daughter, son-in-law, daughter-in-law, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law or sister-in-law.
interested person, for a lessor, means a person who is not an immediate relative of the lessor but who has a close family or personal relationship with the lessor and who has a reasonable expectation arising from that relationship that the lessor would provide accommodation for that person.
97 (1) If a tenant is required to vacate the premises in accordance with clause 96, the tenant may vacate the premises at any time during the 2 weeks before the date specified in the notice to vacate provided the tenant gives the lessor 4 days notice of intention to vacate.
(2) In this case, the tenancy terminates on the date that the tenant vacates the premises.

harvyk1 11:34 am 06 Dec 11

It depends, but in any case it’s certainly more than 12 days. That said the fact that you don’t have any written agreement will not help you.

First step, go and actually talk with people with names on the lease. You may have found that they gave notice long before you found out or the lease is coming to an end. If however they didn’t, then I believe 21 days if periodic tenancy or 26 weeks ( \ end of lease which ever is sooner) if under fixed term.

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