NSW Dispute with Housemates - Recourse?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Teegan

Member
21 February 2017
1
0
1
Okay, so the people that we leave with paid 1400 in bond (we paid the other 400), we have now only 5 weeks of this lease left and they have told us they are moving out. You have to give within 14 days notice and pay a for breaking the lease, which is 4x the rent... $1600..

Also they want to leave this lease to myself an my partner at the rent of 300, but we don't bring in that much income and won't be able to pay rent. The letter below is what they have asked us to sign, and now they are basically taking us to court and I will apparently get blacklisted...

First of all, they said we didn't have to pay the bond because they where keeping it out the end of the lease but now they are leaving and they want money. Second of all, they have broken my fridge and all my cups, etc and do owe me money for wrecking my stuff.

Third they have said they are not paying any bills or rent or so forth. When we haven't even gotten our water bill yet - it comes every 6 months and the power bill and what not. They have been using the power water and all, for months. Now they are saying they're not going to pay.

Also they don't want to help pay for the bond, clean or prest control as they have a cat here as well. We have asked them to replace my stuff and he gave me 6$ and said that it will be enough an it started a argument.

I am just wondering if this is actually a letter from the NSW real estate an we should take action and take it seriously or if this is what they have just typed up an we shouldn't sign?

Notice:

Legend: Signing Party = T C, J G. Leaving Party = J H, A G

"Recently, J and I no longer feel safe and/or feel comfortable living in this residence. It has been brought to our attention that we are no longer wanted in this residence.

So, that both parties can continue on safely, happily and comfortably without any further confrontations, our party has come to an agreement of removing our name from the current lease (dated below) at [Moderator Redacted - Community Guidelines].

It is also noted that if said party is to remove their name from the current lease, they will be relinquished of all funds which have been contributed towards the bond of the property. Funds in which the current (and future) party of this residence have little to no contribution to.

By signing this document, the party agrees a full repayment of six hundred and fifty dollars ($650 (IN FULL)) no later than the sixth of March, 2017 (06/03/2017) in exchange for a full bond repayment at the final termination of the current lease, dated 04/04/2017. Said date allows the signing party enough time for the payment.

If the current circumstances are non-compliable, at the termination of the current lease, all funds of the bond repayment ($1,800) WILL be transferred to the leaving party.

The leaving party will not be held responsible for any future mishaps, destruction or any future confrontations with the real estate agent, or the landlord, if said parties name is no longer on the lease. The leaving party will not be responsible of any payments or purchases (I.E: Rent payment, Cookware, damages to property, shared or personal miscellaneous goods) If said parties name is no longer on the lease.

With the current electricity bill being signed into a leaving parties name (A G), the current payment circumstance will follow. The leaving party will pay the sum of half of the Kw/pd usage per day until the leaving parties name is no longer on the lease. (I.E: Kw/pd usage = $7.50. Leaving party will pay no more than $3.75 per day until termination of leaving party.) Payment methods will be worked out by the bill-holders name, and can be either denied or confirmed from signing party.

In any circumstance, the signing party agrees to pay the full amount no later than the due date of the bill. Any destruction of any personal property as a result of intolerance leading up to the leaving party moving out, will result in either repayment within the week of destruction of property, if not, a lawsuit will be filed. The leaving party understands, recognises and follows the circumstance for the signing party.

The signing party understands and recognises that any missing property of the signing party can, and in some circumstances, will, lead to an investigation of said missing items. Vice Versa.


By Signing This Document:

The signing party agrees with all terms and conditions listed in this document.

The signing party agrees that they will be responsible for all future payments of personal and business goods relating to the property.

The signing party agrees and recognises that if the property is not to the landlords standards at the termination of the lease, and the signing party receives no bond, will result in a defamation of the signing party in real estate. (With an outstanding defamation on T C, for her previous residence, 2 defamation equates to no future leasing in real estate.)

Side note: Destruction, lost or the document left unsigned before leaving party move out of this residence, will result in the document being taken as a signature of approval from the signing party."


They have also sent this to us:

Basically, we're moving out. We've had enough. We need that $650 you guys owe us, we need it by the 6th of march. If you pay it you guys keep the bond. If you don't pay it you guys get a defamation against your name which will stop you from leasing again, and I don't want to do that.

The sixth of march is 3-4 weeks away which will give you pair plenty of time to save. Don't touch any of our s**t and we won't touch yours. Don't steal any of our s**t and we won't steal yours. If you intentionally break something I will take legal action and file a subpoena. And I can't believe it's gotten to that point but it has. The sooner you guys agree to this the sooner we leave, we're signing our names off the lease when we find property. It's what you want.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Teegan,

It sounds like a scare tactic. An ex-roommate can't have you blacklisted. I'd write a counter letter for all they owe if they leave start with their bond money and subtract the projected costs for power, water, vacate clean.

At the end of the day, if they leave you may not be able to cover the lease and you will loose the bond anyway. I would contact your real estate agent and find out how legitimate the letter is.
 

andypandy

Member
25 June 2017
4
0
1
I agree, they have to pay for the notice and also cover the costs of the damage of your goods. You are in the right.

Hi Teegan,

It sounds like a scare tactic. An ex-roommate can't have you blacklisted. I'd write a counter letter for all they owe if they leave start with their bond money and subtract the projected costs for power, water, vacate clean.

At the end of the day, if they leave you may not be able to cover the lease and you will loose the bond anyway. I would contact your real estate agent and find out how legitimate the letter is.