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 Landlord gave last minute notice to move out, forced to move out within 5 days

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shaniandras2787
post Jan 27 2016, 08:34 AM

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QUOTE(melz84 @ Jan 26 2016, 09:02 PM)
Hi guys,

Seriously need advice from those who had similar experience before.
I've just received a notice from my house leader today (26 Jan 2016) that the landlord has sold the house and being unreasonable, requesting us to move before end of this month. Just less than 5 days away.

We have a 2 + 1 deposit with the landlord, which i pretty much doubt that he's gonna return it.
He also threatened to lock up the unit.

What I can do as a tenant? I don't have any tenancy agreement nor any receipt stating any depositĀ  given.

Having less than 5 days to find a new place is a pain in the ass now since I couldn't afford the deposit for new place cos mine is still stuck with landlord.
Can we make a police report or something?
*
QUOTE(melz84 @ Jan 26 2016, 09:11 PM)
probably signed by the previous tenant who used to stay here...
agreement was not renewed..

in this case, can the previous tenant step back in to help?
previous tenant is related to the current house lead
*
According to what you are telling us, it interprets to being "you're screwed".

No tenancy agreement means there is no contract between the landlord and you, heck, if the landlord wants, he could lodge a police report and claimed you weer trespassing without his knowledge.

Generally, it's hard to prove a claim if no documentary evidence to show the transaction BUT it all depends on how did you pay to him. Did you transfer electronically to the landlord or did you pay him cash, straight up? If it's through online banking then drag out your bank statement. It should be sufficient prove to substantiate your claim.

How did you pay your monthly rental? I hope you didn't pay him by cash. If you did an online transfer and you'll have a chance in succeeding in your claim however minimal.

Fat chance in getting the previous tenant to help you out.

This post has been edited by shaniandras2787: Jan 27 2016, 08:34 AM
shaniandras2787
post Jan 28 2016, 11:37 AM

drugged coordinator
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Senior Member
2,309 posts

Joined: Apr 2011
QUOTE(melz84 @ Jan 27 2016, 06:55 PM)
all rental are paid via electronic transfer.. i transfer to house leader then house leader transfer to landlord.

i don't think can get the original tenant to help.. cos it was 6 years ago
*
hmm, then it gets slightly complicated here.

is there a contract between the "house leader" and the landlord?

what i fear now is that if indeed there was a contract between the "house leader" and the landlord then there may be a clause preventing the "house leader" to sublet the property to others. In this case, you are the sub-tenant.

with this in mind, even if you could prove that you have in fact paid the "monthly rental" but it wasn't paid to the landlord but to the "house leader" instead. this if at all arguable, only suggests that there is a contract existing between the "house leader" and you and not between the landlord and you. so technically speaking, you occupy the property illegally.

this is an issue regarding privity.

who is this "house leader". someone you know?

yes, there is no way the original tenant will come to assist you.

This post has been edited by shaniandras2787: Jan 28 2016, 11:38 AM

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