QLD Landload Breach for Kids throwing water balloons

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

Mobeen4596

Active Member
8 April 2020
5
0
31
Hi Guys,

Can I please ask some advise?

We currently rent in a apartment complex. As stupid as it is my 16 year old son and nephew thought it would be funny to throw water balloons from the balcony on the 3rd floor at 10:30pm of Friday night, yes I know stupid.

Our landlord who stays on top floor (6th floor) caught the kids and took photos and video of them.
He came down and banged on our door at around 11:00pm, obviously stating to me what has happened. I stated I didn’t know anything about it and called my son. My son stated yes he did throw the water ballon approx 5 ballon into the property next door causing no damage to anything.

The landlord stated that he is taking the matter to the police with all the evidence (photos and videos). He stated to me and my son “You are messing with the wrong people” and showing us an ID stating he is in the law industry. He stated he is also going to breach our tenancy as well. He also stated he has 2 other incidents in the past he is going to breach us for but I have never heard of any of them before at all.

How much trouble are we in?
Can he do this?
Can he breach us and kick us out. If so we have paid 12 months rent in advance would we get it back?

Thanks in advance
 

jasonmason

Member
25 April 2020
2
0
1
Hi Mobeen,

This water balloon thing, while very stupid, probably isn't as huge an issue as your landlord is making it out to be.

There are a number of free services that give legal advice to tenants, see e.g. Tenants Queensland

It's very odd that you've paid so much rent in advance. It's not legal for a landlord to require more than a month of rent in advance in QLD. You can see more about rental payments here: https://tenantsqld.org.au/wp-content/uploads/2016/08/Rent-and-Other-Charges_TQ-v3-July-2016.pdf

The landlord can't just kick you out without going through the relevant processes. If you're in a normal renting situation for a fixed term of 12+ months, then they'll need to apply to the Tribunal, they'd have to convince the Tribunal that you've breached your tenancy agreement, and you'd be able to tell the tribunal about your rend paid in advance and they would need to refund you.

The landlord also can't just come to your property without giving you reasonable notice except in very specific situations.

There's some general information about terminations here: https://tenantsqld.org.au/wp-content/uploads/2019/08/Lessor-Ends-the-Tenancy-TQ-v4-Aug-2019.pdf

And about privacy and access: https://tenantsqld.org.au/wp-content/uploads/2016/08/Entry-and-Privacy_TQ-v3-July-2016.pdf

Make sure you have copies of your lease (or however you agreed to rent your apartment via email or whatever), records of your rent payment, etc. somewhere safe in case the landlord does try and terminate your lease. Seek (free) legal advice and help if that happens.

I wouldn't move out voluntarily with that much money in rent paid in advance.

Good luck
 

Mobeen4596

Active Member
8 April 2020
5
0
31
Hello,

This is the full story and I just want to know where we stand: Is this normal for landlords to do

On Friday at approx 10:50 pm I heard loud banging on our front door on Level 3 (only 2 apartments on this floor), I got out of bed as I was walking to the door I heard someone banging on the door again. Before opening the door I asked who it was, No one replied so I asked again and still no answer, at this stage I was feeling a bit scared due to the time of night.

I slowly open the door and I see the landlord and his daughter (who live on Level 6). The landlord stated to me that quite loudly he caught my son and my nephew throwing water balloons from the balcony into the neighbor's yard not in the same complex. I stated I didn’t know anything about it and said I believe my son is sleeping as I was asleep myself also to add the banging on the door was that loud that is woke my sick wife who is on cancer medication (meaning heavy sleeper) through the night, so she came to the door and asked what's happening, I explained to her and asked her to call our son from the bedroom.

As soon my son came to the front door I asked him if he was throwing water balloons from the balcony and before he could answer Landlord stated: "YES HE WAS I GOT HIM ON CAMERA AND MY DAUGHTER ALSO VIDEOED HIM FROM THE APARTMENT IN FRONT". My 16-year-old son felt so shocked and intimidated and scared that he replied “I don’t know” and Landlord stated again in a loud voice “Don’t lie we have you on video and he’s got three cameras installed”. Landlord also stated that his daughter has pictures of my son throwing the water balloons, I asked him if I could see it please his reply was “No you cannot”. He also threatened my son and saying that he is going to the police and stop lying, My son feeling intimidated and threatened just kept saying “I don’t know”. The landlord then stated “that he’s a man of evidence” And pulled out a wallet with a badge and ID and showed my son in his face, You must understand this is a 16-year-old boy that the landlord is doing this to in front of me. At this stage, my wife and I were scared and speechless, While my 16-year-old son was getting threatened by the landlord by pulling out his wallet with a badge and ID and threatening to go to the police.
Landlord then threatened me that he’s going to breach me 3 times as he has three open files on my son because this is not the first time this has happened though I have not yet ever heard about this Till that night. The landlord stated, “You don't know who you’re messing with, I am now going to step outside your property (outside the front door) And I am going to say you are in big s**t”.

Could you understand why we were feeling threatened as he was inside our front door (I never invited him in) and we didn’t know what was happening besides my son getting accused of throwing water balloons?

After Landlord left we asked my son if he did it, and He stated “yes he did he and my nephew through for water balloons to the next door neighbors yard” I asked my son why didn’t he just say to the landlord but my 16 year old son Said he was shocked he didn’t know what to say because the Landlord was so angry and threatening.
So yes stupidly my son did throw water balloons and in of result of that He’s gonna get the consequences from us as parents and he’s written a letter to Landlord and the neighbor in concern an apology letter for his bad choices.