Advice needed (dealing with real estate agents...)

[Matt H]

So I've just finished a lease in a sharehouse, we gave notice two weeks ago and today was the day we were due to hand the keys in. We actually lost a set of keys (well, only a front door key as that's the only operating lock) several months back, and couldn't find a locksmith anywhere that could cut a new one. We dealt with it and assumed that the real estate would just take the cost of it out of our bond.

So my housemate went to the real estate late this afternoon and handed the remaining keys back, and explained that one was missing. The real estate agent told him that we should go get the key cut ourselves and then hand them back. I got a call from the property manager at about 4.55pm telling me that due to the fact we hadn't yet handed the keys back we'd still have to pay rent until all were back. He hadn't mentioned ANY of this to my housemate while he was at the office, and by the time I'd called my housemate the real estate agent's office was closed.

Questions:

- Is it normal for money to be taken out of the bond for a missing key (or is it normal for them to ask us to get it cut..?)
- Are we actually liable to pay more rent, even though he hadn't mentioned a single thing about this while my housemate was in his office?
- Why are real estate agents the worst kind of people?

I'll be calling the RTA tomorrow if I can't sort it out with the real estate agent, but I figured I might as well try to get a bit of a background on the laws first.

My theory is that they're having trouble finding new tenants (the house is terrible), and they've done this to try and squeeze money out of us while the house is vacant...

 

[John U]

It's not normal but it sounds like the key you're talking about is a rare item which might be your problem, especially if the agent knows this.

I have rented many houses over the years and don't think agents have really ever taken much notice of keys provided or given back. Most of these keys would've been a dime a dozen though.

I don't think the agent would stitch you up if they didn't have reason to. It's not going to be worth their effort given the possible hassle and limited financial gain.

You should definitely check your rights out though

 

[Minlak]

Ring the RTA is your best bet as you will go around in circles with the Real Estate Agent technically you didnt hand the keys back even though the Agent gave them back to you to get them cut so yes you have to pay rent until you have vacated and you havent vacated yet. Yes it is normal to take things from the Bond that's the point of the bond to cover things the tenant doesnt do and ensure the tenant does do things however they could just as easily hit you up with having to change locks as you cant account for the key.

The really wasn't anywhere to get the key cut? no hardware stores tabacoonists these days mister minutes etc in a lot of shopping centres?

Up here atm they photocopy the keys if you dont hand back the exact keys you can get hit with changing the locks as the premise is technicaly no longer secure.

Real estate agents arent the worst kind of people sadly the people they deal with day in day out jade their entire perception of people.

Really no where in 3 months to get a key cut but this is the agents fault?

In my time (no longer doing it) seen people not pay rent cause the cat is sick the budgie is sick or the baby needs formula to then walk out side and light up a cigarette oh you can smoke but you cant feed your baby? Come in completely drunk and tell you cant pay rent ... leave houses a complete pig sty... Im not saying your this type of tenant but the lines are the lines they have to be drawn somewhere....

 

[ajay]

So I've just finished a lease in a sharehouse, we gave notice two weeks ago and today was the day we were due to hand the keys in. We actually lost a set of keys (well, only a front door key as that's the only operating lock) several months back, and couldn't find a locksmith anywhere that could cut a new one. We dealt with it and assumed that the real estate would just take the cost of it out of our bond.

So my housemate went to the real estate late this afternoon and handed the remaining keys back, and explained that one was missing. The real estate agent told him that we should go get the key cut ourselves and then hand them back. I got a call from the property manager at about 4.55pm telling me that due to the fact we hadn't yet handed the keys back we'd still have to pay rent until all were back. He hadn't mentioned ANY of this to my housemate while he was at the office, and by the time I'd called my housemate the real estate agent's office was closed.

Questions:

- Is it normal for money to be taken out of the bond for a missing key (or is it normal for them to ask us to get it cut..?)
- Are we actually liable to pay more rent, even though he hadn't mentioned a single thing about this while my housemate was in his office?
- Why are real estate agents the worst kind of people?

I'll be calling the RTA tomorrow if I can't sort it out with the real estate agent, but I figured I might as well try to get a bit of a background on the laws first.

My theory is that they're having trouble finding new tenants (the house is terrible), and they've done this to try and squeeze money out of us while the house is vacant...

Basically, you're liable until the keys are back. But as Minlak said, Several months to get a key cut? come on...
I found that, despite the jaded nature of many real estate agents, most of them are reasonable, especially if you have been good tenants... but you'll have to see how far your gaf can get you!
Any damages or costs are taken from your bond - thats what it's there for. Also, your theory re; finding new tenants probably isn't that far off the mark either. Just take a look at the face of an agent at an open for inspection, most of them look like they'd die if they had to do another!

Do you have a new lease on another property?

 

[Matt H]

we tried to get the key cut at several places, but the fact that it has "DO NOT REPLICATE " stamped on it meant no one wanted anything to do with it. I have no idea why my housemate didn't raise this with the agent while he was there, but oh well... I could completely understand if he had told us about liability to pay rent if he'd told my housemate in the flesh. What makes me suspicious is he waited until he left the office, and then called me right before closing time - leaving us with no choice but to hold onto the keys.

 

[pistonbroke]

My wife and I were good tenants for many years with a pretty dodgy agent. Over the years it was impossible to get any action if we ever had any issues, like when an entire brick wall collapsed and destroyed my car. I was really tired of trying to deal with this prick.
So when we brought a house I waited until the day the rent was due for the last month, then I rang him and told him we were moving out in 4 weeks. I also told him I was not paying the last months rent and he could keep the bond which = one months rent. He got quite nasty and started threatening me. Saying I could not do that, and he would put me on a black list that would be with me forever.......blah blah blah. I said I don't care and do your worst.
We left the place clean and on time and I never heard another word.

I did it this way so I could leave on my terms. I did not want to be running around jumping through hoops for this prick. It worked.

It's a little late for you to try this stunt, but maybe someone else could use it in the future.

 

[slippy]

My 2c:

The agent says you will still be charged rent. How will he make this happen? Just don't pay. He can try and take you to court in which case he will lose as there will be no lease extending into the relevant dates. He can't deduct more than the cost of the key from the bond, the rental bond authority wouldn't have a bar of it.

You are entitled to your bond within 3 days of vacating the premises. Tell the agent you took all reasonable steps to replace the key and that's all you can do. Tell him you'll expect your bond back minus the cost of the key within 3 days. Do this in person at the agent's office, over the phone they can just give you the run-around (this approach has saved me numerous times). If you need to, call the bond authority / rental tribunal and explain your situation and insist you want your bond back within the proper time frame.

The agent has no authority to charge rent beyond the terms of the lease. He certainly can't take it out of your bond if you have vacated the premises. He probably suspects you're hanging on to a key to pull a dodgy and he's trying to call your bluff.

Stay polite and calm. Insist you want your bond back within 3 days, thankyou very much.

 

[dunndog]

I'm fairly sure bond cannot be used to make up rent money, it is there for maintenance and damage to the property. Rent is a separate issue. Therefore if this is correct they could subtract the cost of a key from your bond but can not use it to charge you more rent, they would have to get you to pay it. I find it hard to believe that in 3 months you couldn't find anyone to cut a key, should've atleast told the agent about this well before moving day.. That said, they really should be supplying keys that can be reproduced as this kind of thing happens and shouldn't cost you mega bucks. Good luck, and in future give them NOTHING to sting you with at the end of a lease!

 

[Bryce88]

So I've just finished a lease in a sharehouse, we gave notice two weeks ago and today was the day we were due to hand the keys in. We actually lost a set of keys (well, only a front door key as that's the only operating lock) several months back, and couldn't find a locksmith anywhere that could cut a new one. We dealt with it and assumed that the real estate would just take the cost of it out of our bond.

So my housemate went to the real estate late this afternoon and handed the remaining keys back, and explained that one was missing. The real estate agent told him that we should go get the key cut ourselves and then hand them back. I got a call from the property manager at about 4.55pm telling me that due to the fact we hadn't yet handed the keys back we'd still have to pay rent until all were back. He hadn't mentioned ANY of this to my housemate while he was at the office, and by the time I'd called my housemate the real estate agent's office was closed.

Questions:

- Is it normal for money to be taken out of the bond for a missing key (or is it normal for them to ask us to get it cut..?)
- Are we actually liable to pay more rent, even though he hadn't mentioned a single thing about this while my housemate was in his office?
- Why are real estate agents the worst kind of people?

I'll be calling the RTA tomorrow if I can't sort it out with the real estate agent, but I figured I might as well try to get a bit of a background on the laws first.

My theory is that they're having trouble finding new tenants (the house is terrible), and they've done this to try and squeeze money out of us while the house is vacant...

You are responsible for all keys that were handed to you at the start of the lease and you are responsible to pay rent until all keys are returned. If they were nice they wouldn't charge you extra rent if you handed keys in as soon as they opened the next day. If you feel like they are taking advantage of you don't forget you have the office of fair trading on your side and you can actually lodge your own bond claim form without the real estate signing off on it - basically the real estate gets notice you intend to claim your bond and they only have a certain amount of time to respond.

Real estate agents are the worst kind of people because they are failed businessmen and were to stupid to get into Uni so they take it out on the world with what little power they possess. I know this because I was a Real estate agent but I climbed my way out of that crap!

 

[LJohn]

You should have notified the real estate agent as soon as you lost the key to resolve the problem when it occurred. Don't assume people know anything. Unfortunately the accountable party in this case is you guys, not the agency.

 

[Mail Man]

we tried to get the key cut at several places, but the fact that it has "DO NOT REPLICATE " stamped on it meant no one wanted anything to do with it. I have no idea why my housemate didn't raise this with the agent while he was there, but oh well... I could completely understand if he had told us about liability to pay rent if he'd told my housemate in the flesh. What makes me suspicious is he waited until he left the office, and then called me right before closing time - leaving us with no choice but to hold onto the keys.

The do not replicate means it is a front door security key to the entire building. This is to stop individuals holding many copies to the key to access the whole building. When I was a tenant then landlord these keys were about $45 each and could only be copied with a letter from the real estate/owner to say you are able to copy the key. You will need to ask for his letter from your landlord. The sooner you ask the better. You are kind of liable but as mentioned before they cannot hold bond and if they do not have direct access to your bank, don't pay.

It would of been nice if they told your friends they need to get a letter before they can copy it, there fore I side with you. If your roommates were well informed then I would side with the landlord.

 

[RCOH]

As a former locksmith, and lifelong hater of RE Agents, I would assume you had paid a bond (generally $50) security key. If you lose a key then you lose your bond, and the real estate gets another one, as they would be the signatory.

I reckon you're getting screwed...but what's new, you're a renter and therefore lower than pondscum.

 

[slippy]

Tell the agent you're moving out because your parents have given you a big fat cheque to use as a deposit on your first home. Watch his attitude magically transform...

 

[doosh]

Chances are your lease agreement states you'll be liable to keep paying rent if you haven't returned all the keys. Although the whole issue about security for the next tenant is bullshit as you could have copied the key at any time during your tenancy.

As someone else suggested, give them the keys you have, don't pay them any rent and expect your bond back in full shortly after vacating the property. They can't pull the rent out of your account without you knowing about it or agreeing to it.

I've rented for just over 10 years now, and the best property managers I've had have been the ones new to the profession. Even then after a few months they're a prick like all the others. REAs are the most disgusting, brown nosing suck ups until you've either bought their property or signed a lease agreement. Then they don't want to know you.

Here's a hint - call Consumer Affairs (or VCAT, or QCAT, whatever the equivalent is in QLD) and ask for their advice. Pretend to be the landlord in that situation (your tenant won't give a key back, and where do you stand). This will often get you more helpful advice than calling as a tenant. You can always call back and ask for advice as the tenant as well to cover both bases.

 

[Joy]

As someone mentioned, it sounds like it's a building key. I broke one once and had to go through a big process of getting a replacement. Unfortunately this involved going through a third party business on the other side of fucking town. Probably should have just told them and they would have said what to do next.

ALWAYS try and get your bond back in full. It is there for damages yes, but try and keep the bond intact anyway. When you're applying for your next lease there'll be a section that says "did you receive your bond back from the last lease?". I think it'd be safe to assume that no matter what the reason is, not getting your bond back with be a severe black mark on your record.

 

[Matt H]

Delayed update:

So we handed the keys back, and I told the receptionist to send me an invoice for whatever it costs to replace the key rather than taking it out of the bond. Got a text from the RTA today telling me that a claim had been made on our bond. I called the RTA and apparently the real estate has tried to claim THE ENTIRE $1440 WORTH OF BOND. They've mailed a dispute form to us, and now we have to go from here...

 

[Minlak]

Delayed update:

So we handed the keys back, and I told the receptionist to send me an invoice for whatever it costs to replace the key rather than taking it out of the bond. Got a text from the RTA today telling me that a claim had been made on our bond. I called the RTA and apparently the real estate has tried to claim THE ENTIRE $1440 WORTH OF BOND. They've mailed a dispute form to us, and now we have to go from here...

If they are claiming the bond they will be required to have listed off what they are claiming it for .... do you know what they are claiming?