澳洲Australia property Moral issue as tenant died suddenly | Syd


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So unfortunately my elderly tenant died a few weeks ago suddenly. A new 12 mth lease at an increased rate was signed 2 weeks prior. My moral issue is this....

yes i feel bad but I was assured at the time, family would be paying rent. now today i receive no rental statement and no money in the account. So i rang the PM.

THEY made an agreement with the family that the rent could be paid out of the bond!! (they can't do that) rent has not been paid since 4th feb and has been increased. bond will not cover it. they agreed that after the final inspection they will return the keys and pay the remainder. well....

i am not very happy that my pm is not looking out for my interests. and yes i feel bad that i feel this way. I have to cover the loan now without notice and no communication towards me. I pretty much said i wasn't happy and that i do not think i should have to wait 7wks to be paid. I feel that they are taking advantage of the fact that i can't kick anyone out (and once again yes i feel bad for saying that).:eek:

i already have another tenant lined up to move in asap but the family want 'TIME' to move out the belongings.

this just feels unfair, and if i kick up a stink i might end up on the news (as was done in tralgon as per google search).

anyone else had this happen. I will keep everyone posted on my outcome as it is a bit of a sticky situation i don't wish to be in. Maybe i should just bury my head in the sand and hope they pay at the end! :eek:  

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lease was signed more than 80 days ago so the new increased rent has already taken affect. (i wrote signed 2wks prior, but i meant increase taken affect).  

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It is an unfortunate event when a tenant dies, however it should not be you who has to bear the financial burdon. Do the major companies suddenly wipe out or reduce the debt in these same circumstances? No! So why is it that some people automatically feel that the "rich" landlord should have to.

I would be taking the PM to task over this. It is their job to mitigate your risk and at times it is going to be hard for them to do, but that is part and parcel of the job at hand. I feel that the Agency should wear your loses if they have, indeed, been the ones to assist in causing you financial hardship. By signing over the bond, and not taking the relatives to task, they are certainly NOT acting in your best interest.

I would be instructing the relatives that they can have all the "time" in the world, so long as they cover the rent (at the new amount), or they will have to remove the belongings so as somebody else can move in.  

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great response skater. thankyou.

exactly how i feel. they want all this time to move but i have to bare the burden of that. no it isn't fair. :confused:

appreciate your time taken to respond. i will find out on tuesday morning when the exact pm who agreed with the family is back in the office.  

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Who signed the lease agreement? This will be the key to your situation.

If it was the deceased tenant (or their designate), then your claim should be with the executor of the deceased estate. (ie. you will have a claim on the estate, although this may take a while to eventuate).

If the relative or other person signed the lease, then you would have a direct claim on that person.

If the executor (or relatives) need extra time to arrange clearing out / disposing of the tenant’s possessions then IMO you would be within your rights to claim the ongoing rental for this period.

I assume you also have LLs insurance which may pick up the gap and claim back from the estate.  

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I really hope you get the pm to take responsibility here.

I don't think they have the right to make such an agreement with the tenant, who needs to continue paying rent until they have moved out, and been replaced + advesting costs if any. The bond should only be paid back in full if the house passes inspection without fault.

I'm pretty sure pm's cant go changing the rules as they please.

I might sound heartless, but you shouldn't have to pay for the funeral or pay thier rent.  

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I had an elderly tenant die in one of my IPs last year. PM told me death means a 14 day period until end of lease. Luckily the tenant was up to date, and the PM organised removal of any furniture and clean up the family didnt take care of for the new tenant. I think I ended up a little short after these costs, and Im not sure what the PM did with articles left at the property, but I assume its the same process as would happen if a live tenant vacated without taking all their stuff.
I'd be speaking to the PM's manager or estate agent principal and getting them to sort it out without extra cost to you. If the agent agreed erronously to take the rent out of bond, then the agent can pay. If the agent doesnt want to discharge their duty and move the tenants stuff, then the agent can pay the rent while they wait for the family to move it.
I wouldnt worry about ACA if you do it through the agent and make sure they do it within the law.  

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onthemove said: ↑
great response skater. thankyou.

exactly how i feel. they want all this time to move but i have to bare the burden of that. no it isn't fair. :confused:

appreciate your time taken to respond. i will find out on tuesday morning when the exact pm who agreed with the family is back in the office.Click to expand...
Don't wait until Tuesday to find out. Find out today from the principal/owner of the agency. They have the authority to tell you what will be done.

I agree with Skater.  

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onthemove said: ↑
The Family Want 'time'Click to expand...
Time = Money  

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I agree with Skater. The family should vacate the unit as quickly as possible, or at least pay the rent if they want to take their time.

My mum is in a nursing home. When, not if, she dies, we have already been told that we will have to pay the daily rate until her room is cleared of personal possessions. Despite everything, at the rate they charge I reckon I will be there the next day. And no, that is not being unfeeling as I know I will be a puddle of tears at the time, but simply realistic.
Marg  

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Agree 100% with Dazz. And I would want the money upfront - no IOU's. Waiting isn't going to make it any 'easier' to do.

I know that the Dept of Housing only gave us 1week to clear out stuff after FIL passed away.

Get onto that PM ASAP and tell them you want it sorted yesterday, otherwise they can foot the bill.  

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Note to remember when i find tennents , get 4 weeks bond, a sighned lease , and a doctors certificate of health, :rolleyes:

its always the nasty landlords fault, in others eyes , your negotiating the best you can under these circumstances, your braver than me.:eek:  

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Quickly write a formal note to the Bank explaining there has been a death, and it would be cruel and nasty for their shareholders to expect any mortgage payments until the Tenant's family has stopped crying....and see how you get on.

I've double checked all of my Leases and all of my mortgages, and for the life of me I cannot find any clauses or sub-clauses detailing either my "moral obligations" or my "moral rights".  

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Hope you didn't have the ceiling insulated recently :eek:  

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