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12 Month Lease - Can Landlord Kick Us Out for Not Paying Rent?

Discussion in 'Property Law Forum' started by ronald, 23 May 2015.

  1. ronald

    ronald New Member

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    Hi, my landlord gave us a 12 month lease. We gave him notice to leave cause he never fixes the house so we stop paying rent. He kicked us out and he told real estate agents that he will get people to remove us.

    I got videos of the house and he put an add on Gumtree for sale and rent.

    What can we do now?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi ronald,

    short answer is yes. Depending on what state you live in however, your landlord may need to issue specific notices in order to make the eviction lawful and by the book. If he doesn't you could probably appeal to your local residential tenancy authority. In Qld, if rent has not been paid in 7 days they can issue you with a Notice to Remedy Breach, if this is not paid, then he can give you a notice to leave.
     
  3. Ivy

    Ivy Well-Known Member

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    Hi Ronald,

    Which State are you in? Under most state tenancy laws, if a landlord isn't meeting their obligations including by not repairing things that they have a duty to repair, tenants have to apply to the tribunal for a resolution. Tenants generally don't have the right to stop paying rent as a means of balancing the scales. The resolution needs to come either through a conciliation (the state you are in will determine which non-judicial remedies are available) or the tribunal.

    It will be good to know where you are, however it sounds as though you will need to get this situation sorted out in the tribunal (the lack of maintaining property, not paying rent and eviction notice). However as @Sophea pointed out, ultimately you may still need to leave the premises.
     

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