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ACT Occupant Under Property Law - Getting Bond Back?

Discussion in 'Property Law Forum' started by Max6296, 28 June 2015.

  1. Max6296

    Max6296 Active Member

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    Hi, I posted a question about if I can get my bond back under property law some days ago. I've learned some things from there, so now I know that I am an occupant, rather than a tenant, and it is unlikely I can get it back. So, here I am again, with new questions. It is kind of an extension of that previous *event*, but the question themselves are not completely related.

    Here is the previous post: ACT - No Lease Signed - Can I Get Rental Deposit Back? | LawAnswers.com.au Legal Aid Forums

    Here is the summarized story:
    I am living in a boarding house as an occupant. I didn't write any contract. Everything was done orally and in person (except for the payment, it was done via bank account transfer). I told the owner of the house that I wish to leave on the 10th day. He told me that I have to stay at least two months to get my bond back (he never told me about that before and he also didn't specify that on his advertisement). So, now I know that there are some agreements I have to follow even though I never heard about them. Now, what worries me is that what if he changes his words later (because everything was done orally).

    So, I decided to stay two months to get my bond back. But I wasn't so sure if he would fulfill his agreements when the time comes (what if he changes his words). So I requested a written document about the agreements we previously 'orally agreed'. And now, its been three days since I made that request, and he is ignoring me (not answering my call, ignoring texts).

    So here are the questions.

    1. Can he not give me written occupancy contract?
    2. Can he not have written occupancy contract?
    3. What can I do if he changes his words? (like 'you have to stay 3 months not 2 months')

    P.S.: Please excuse my poor English. It is not my first language.


    Kind regards.
     
  2. Ivy

    Ivy Well-Known Member

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    Hi Max,

    I remember answering your earlier questions and I thought I was quite clear when I said that you should be able to get your rental deposit back, or at the very least, that your landlord cannot just make up terms and conditions after you have moved into the house.

    To answer your current questions:
    1 and 2. I don't believe there is any specific requirement that an occupancy agreement must be in writing.
    3. The landlord cannot change the terms (words) of your agreement without your consent

    Have you followed up with the ACT Tenants Union yet?

    Please follow up with the suggestions that I provided earlier. ACT - No Lease Signed - Can I Get Rental Deposit Back? | LawAnswers.com.au Legal Aid Forums
     
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  3. Max6296

    Max6296 Active Member

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    Omg.. I thought you told me otherwise... sorry and thanks! I must study English harder!
     
  4. Max6296

    Max6296 Active Member

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    Last question! How many days of notice should I give him before I move out? He didn't tell me about this either. Sorry for bothering too much :p
     
  5. Ivy

    Ivy Well-Known Member

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    Hi Max,

    Go and speak with the Tenancy Union. They can help you figure all of this out.
    How much notice you need to give depends on your agreement, but since you don't have a formal agreement, you need to get legal advice to determine how you should handle this situation.
     
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  6. Max6296

    Max6296 Active Member

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    I see, thank you!
     

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