Landlord Breach Rental Agreement

Summary

Landlords in Queensland must provide habitable properties and lodge bonds with the RTA within 10 days. If a property is uninhabitable, tenants can apply to QCAT for early lease termination. Document all issues and communications. For bond recovery, contact the RTA and consider QCAT if disputes arise.

Full Conversation

I spoke to the RTA, they hadn't received a bond even 5 months later.
It sounds like you're dealing with a difficult situation. Here are some steps you can take:
- Report to the RTA: Since the bond wasn't lodged, you can file a complaint with the RTA.
- Seek Tribunal Assistance: Consider applying to the Queensland Civil and Administrative Tribunal (QCAT) for a resolution.
- Contact Tenants Queensland: They can provide further assistance and legal advice.
Would you like guidance on how to proceed with any of these steps?
We moved out due to having a newborn baby and worrying about her health and wellbeing. Landlord refused to break our lease, even after we complained about the issues and nothing was solved. Landlord told us when we buy the house we can do whatever needs to be done. We didn't get to view the property before signing a lease.
It sounds like a tough situation. Here are some key points to consider:
- Landlords in Queensland must provide a habitable property.
- You can apply to QCAT for early termination of the lease due to health concerns and unresolved issues.
- Document all communication and evidence (photos, emails).
Would you like detailed steps on applying to QCAT?
We mentioned the bond lodgement within 10 days of receiving it so he lodged it 5 months after we paid it.
Case Rating: *
It seems like you have a strong case considering the issues with the property and the delayed bond lodgement. Here are some pertinent points:
- Bond Lodgement: In Queensland, landlords must lodge the bond with the RTA within 10 days.
- Property Condition: Landlords must ensure the property is habitable and in good condition.
- Health Concerns: You may apply to QCAT for early termination due to health concerns and unresolved issues.
Would you like detailed guidance on applying to QCAT or reporting to the RTA?
Am I required to keep paying rent?
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You may not be required to keep paying rent if you can prove that the property is uninhabitable and the landlord has breached the agreement. Here are some steps to consider:
- Apply to QCAT: Seek an order for early termination of your lease.
- Report to RTA: Highlight the issues with the bond and property condition.
Would you like detailed guidance on applying to QCAT?
Yes
Case Rating: *
To apply to QCAT for early termination of your lease, follow these steps:
- Gather all evidence: photos, emails, and any communication with your landlord.
- Fill out the QCAT application form available on their website.
- Submit the form along with your evidence to QCAT.
Would you like specific guidance on filling out the application form?
How do I go about getting my bond back?
Case Rating: *
To get your bond back, follow these steps:
- Contact the RTA: Lodge a claim with the Residential Tenancies Authority (RTA) to recover your bond.
- QCAT Application: If the landlord disputes, apply to the Queensland Civil and Administrative Tribunal (QCAT) for a resolution.
Would you like detailed guidance on filling out the application form for QCAT?
He complained about the condition we left the house in, we removed all of the previous tenants garbage, cleaned the house up and got rid of pests.
Case Rating: *
It sounds like you've taken significant steps to address the issues with the property. Here are some key points to consider:
- Bond Lodgement: Ensure the bond was lodged correctly by contacting the RTA.
- Property Condition: Document the condition of the property when you left.
- Dispute Resolution: If the landlord complains about the condition, you may need to provide evidence of your efforts.
Would you like detailed guidance on filling out the QCAT application form?