liliannn Posted February 8, 2015 Share Posted February 8, 2015 I would like to ask some advices. My bf and I rented a house with a landlord . And my bf has agreed with our landlord verbally that we will sub rent the spare rooms. so on 3rd February (Tuesday) , we found someone to move in our house, we said to him free rent up to Friday but he needs to pay the two weeks rent and bond first to hold the room. He did the transfer but until yesterday (4 days have gone) and we didn't receive the payment yet, so I started to worried and asked about the guy and he kept didn't show me the receipt. And tonight I talked with him again on Facebook as currently I am not in australia, I asked him to show me the receipt and pay us one week rent in cash first, then he told me he won't have any cash until next tuesday, so I said maybe this is not the place for you. Then he started to change his attitude, he warned me there is no rental agreement signed between us (actually I kept asking my bf to sign it but he just ignored it) , and he even asked me to give him the copy of agreement with our landlord that we can share our house with someone otherwise he can take legal action. And he even warned me to give him back half of the bond by 10am tomorrow .and he kept saying now to me he can't show me the receipt to avoid financial fraud. This is really a terrible experience to me, I am scared and I don't know what is the best way to kick him out of the house now? I do think he can't really take legal action to us as he really failed to pay the rent on time. But He has our keys I am scared in the future he will do something to harm us. Link to comment Share on other sites More sharing options...
Guest Chewitts Posted February 8, 2015 Share Posted February 8, 2015 Hi sorry just to understand...... you have a house which you have rented out with just your boyfriend....... you have a lease between yourselves and the landlord..... you have agreed to let out one of the rooms to this person.... he states he has transferred the rent and bond into your bank.... the money is not yet in your account but you gave him keys and let him move in in the meantime.... now he is demanding that you give him money and threatening you with legal action.... you are currently overseas?.....where is your boyfriend? Link to comment Share on other sites More sharing options...
Eera Posted February 8, 2015 Share Posted February 8, 2015 If there is no signed agreement between you, him and the landlord then he is squatting illegally in your house. You have the contract with your landlord, not him. I he has keys pay to get the locks changed. Never, never, never have verbal agreements with anyone. If your landlord has said it's ok to sub-let, get it in writing; there is massive opportunity for it to bite you on the backside otherwise. Link to comment Share on other sites More sharing options...
liliannn Posted February 8, 2015 Author Share Posted February 8, 2015 Hi chewitts thank for your clarifying, the lease is between me , my bf and the landlord. I am currently overseas, my bf lives in the house with that guy, other things you said are correct. My bf is a very careless person and he told me the guy shows him seconds about the transfer payment. Theguy just sent my bf the payment proof as the pic show, what do you guys think is it real? Link to comment Share on other sites More sharing options...
Guest Chewitts Posted February 8, 2015 Share Posted February 8, 2015 Have you checked to bsb and account numbers he used are correct? If so the funds would usually be cleared into your bank within 3 working days. Maybe check to see if they are uncleared funds.... Link to comment Share on other sites More sharing options...
liliannn Posted February 8, 2015 Author Share Posted February 8, 2015 Hi Eera, thanks for your kindly advice. But the guy said he can sue me about that I sub rental to him illegally.. and I do think that I didn't sign a rental agreement with him, he stills get the key and money transfer record that to prove I tried to sub rent the house to him. And he even warned me As there is no rental agreement that has been given to me technically not bond is required... and also he told me it is illegal to request him to pay in cash without through hosing estate or something else. What do you guys suggest to do now? What is the best way to kick him out? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted February 8, 2015 Share Posted February 8, 2015 What is your boyfriend doing about this Hes there isn't he? What do you know about this guy you've sub letted too? If you asked for permission from your landlord why are you worried about this man threatening to sue you? Link to comment Share on other sites More sharing options...
liliannn Posted February 8, 2015 Author Share Posted February 8, 2015 Have you checked to bsb and account numbers he used are correct? If so the funds would usually be cleared into your bank within 3 working days. Maybe check to see if they are uncleared funds.... The he bsb and account number are correct, and that guy told us it's business account and different bank with us, so may take one more day?how to check if there are uncleared funds ? By calling to our bank? Link to comment Share on other sites More sharing options...
liliannn Posted February 8, 2015 Author Share Posted February 8, 2015 Que sera sera You are right, so should be no problem, maybe in am afraid there are so many crazy guys nowadays this world he will do some harm to our house or to my bf, who should pay for get the house lock to changed? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted February 8, 2015 Share Posted February 8, 2015 Thinking on it a recent payment I made to my daughters account took nearly a week. Link to comment Share on other sites More sharing options...
Guest Chewitts Posted February 8, 2015 Share Posted February 8, 2015 On my internet banking there is a tab above the account details that says something like "pending" otherwise yes call your bank tomorrow morning.... Link to comment Share on other sites More sharing options...
liliannn Posted February 8, 2015 Author Share Posted February 8, 2015 Thinking on it a recent payment I made to my daughters account took nearly a week. You maybe right, but I just get suspicious because he didn't even willing to just send me the receipt of the transfer at the beginning or pay $180aud cash first which we will refund to him later and he claimed now he doesn't have spare money til next Tuesday. I do think he is really not trustworthy and all I want to do just asked him to agree to leave peacefully. Link to comment Share on other sites More sharing options...
blossom Posted February 8, 2015 Share Posted February 8, 2015 It does sound like he isn't the sort of person you would want to move in. I'd be refunding all of his money once it has cleared and telling him to leave. He is partly correct in that there are laws to cover renters. For instance, the bond has to be lodged with a certain independant company. You can't just keep it in the bank. Also, get it in writing about subletting from your landlord. It's very unusual here for it to be agreed on. Cover yourself just incase. Link to comment Share on other sites More sharing options...
Guest Chewitts Posted February 8, 2015 Share Posted February 8, 2015 You maybe right, but I just get suspicious because he didn't even willing to just send me the receipt of the transfer at the beginning or pay $180aud cash first which we will refund to him later and he claimed now he doesn't have spare money til next Tuesday. I do think he is really not trustworthy and all I want to do just asked him to agree to leave peacefully. to be fair to him you say you found him on Tuesday and agreed to him moving in and could have rent free until Friday, he has made a payment into your account on the 3rd as requested..... you/your boyfriend have let him move straight in without payment being cleared, without checking any references, without getting written permission from your landlord and without asking him to sign a contract. You have then asked him to pay you extra rent up front and decided that he is not trustworthy and want him to leave (have you asked him to leave?) the usual time for a bank transfer to clear is 3 clear working days.....it has only been 3 working days up until now, you would not count the day he paid in only wed, thur and fri...... Yes he has said to you about not having contracts etc but really if you have hassled him this much already he is probably pee'd off with the whole thing, I am not really sure what else he could have reasonably done or do now? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted February 8, 2015 Share Posted February 8, 2015 Que sera sera You are right, so should be no problem, maybe in am afraid there are so many crazy guys nowadays this world he will do some harm to our house or to my bf, who should pay for get the house lock to changed? If you have to change your locks it's going to be you who is liable Id be pretty certain, but not only that you will have to inform and ask permission from your landlord. Link to comment Share on other sites More sharing options...
liliannn Posted February 8, 2015 Author Share Posted February 8, 2015 Any things I can do if he insists to stay ? I do think he is a terrible person , I am thinking how to ask him to leave peacefully, And I think we should inform our landlord about the whole things. Link to comment Share on other sites More sharing options...
liliannn Posted February 9, 2015 Author Share Posted February 9, 2015 Hello all, so until today we still didn't receive the payment, it has been one week. In which way I can kick him out of the house or sue him if possible as we are without any rental agreement. And because we didn't receive any payment , it seems we can't sign the rental agreement now too? Would like some advises please thank you. Link to comment Share on other sites More sharing options...
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