Legallink | Find the Right Law Firm for You | In Sydney, Australia, my landlord did not give me 14 days’ notice to vacate and has threatened not to return my deposit. What should I do?

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In Sydney, Australia, my landlord did not give me 14 days’ notice to move out and threatened not to return my deposit. What should I do?

I'm sorry to hear about your situation. Here are some steps you can take to address the issue with your landlord in Sydney, Australia:

Understanding the Legal Concepts

1. Notice Period: In New South Wales (NSW), landlords must provide tenants with a certain amount of notice before asking them to vacate the premises. The notice period typically depends on the reason for the termination. For a 'no grounds' termination, landlords are generally required to give at least 30 days' notice if the lease is periodic (month-to-month) or at least 14 days' notice for a breach of the agreement.

2. Bond (Deposit) Return: The bond is held as security against any unpaid rent or damage to the property. At the end of the tenancy, the bond should be returned to the tenant, minus any legitimate deductions for unpaid rent or damage beyond normal wear and tear.

3. Illegal Threats: Threatening not to return your deposit without a valid reason could be considered an unfair practice.

Steps to Take

1. Review Your Lease Agreement: Check your lease agreement to understand the terms related to notice periods and bond return. Ensure you are aware of your rights and obligations.

2. Communication: Write a formal letter or email to your landlord, outlining the following points:
- Your understanding of the required notice period.
- The fact that you did not receive the proper notice.
- Your expectation for the bond to be returned as per legal requirements.
- Request a written response.

3. Contact Fair Trading NSW: If your landlord does not respond satisfactorily, you can contact Fair Trading NSW for advice and assistance. They can help mediate disputes between landlords and tenants.

4. Apply to the NSW Civil and Administrative Tribunal (NCAT): If the issue remains unresolved, you can apply to NCAT for a hearing. NCAT can make legally binding decisions regarding the return of your bond and other tenancy disputes.

5. Keep Records: Document all communications with your landlord, including dates and content of conversations and emails. This will be helpful if you need to present your case to Fair Trading NSW or NCAT.

Important Legal Resources

Fair Trading NSW: The government body responsible for enforcing residential tenancy laws in NSW.
- Website: Fair Trading NSW

NSW Civil and Administrative Tribunal (NCAT): Handles disputes between landlords and tenants.
- Website: NCAT

Suggestions

1. Act Promptly: Don't delay in addressing the issue. Timely action can help resolve disputes more efficiently.

2. Seek Legal Advice: If the matter is complex or if you are unsure about your rights, consider seeking advice from a tenancy advocacy service or a lawyer specializing in tenancy law.

3. Know Your Rights: Familiarize yourself with the Residential Tenancies Act 2010 (NSW) to better understand your rights and responsibilities as a tenant.

By following these steps and understanding the relevant legal concepts, you should be able to address the issue with your landlord effectively. If you need further assistance or have additional questions, feel free to ask.

Legal Link Finds Similar Case Law for You

Law Firm's Insights

Date

11 May 2021

Place

Queensland

Judge

FLANAGAN

Highlights

The Court is required in this proceeding to determine who constitutes the duly elected board of directors of the applicant, Career Employment Australia Ltd (CEA). To do so, the Court must resolve several issues arising from a chronology of events culminating in two meetings: (a) a purported meeting of CEA’s board of directors (CEA Board or Board) held on 4 February 2021; and (b) a purported annual general meeting (AGM) of CEA’s members held on 10 February 2021. CEA’s position is that the duly elected Board is that which was elected at the AGM on 10 February 2021. The respondents’ position is that the election held at the AGM on 10 February 2021 is of no effect because the AGM was adjourned by resolution passed at the board meeting on 4 February 2021. Background As a result, I said to him words to the effect ‘I will resign at the end of the day’, and left the head office to attend a student graduation.” Mr Cowan testified that he did not read all of the motions and only got halfway down the page before leaving. The respondents highlight Mr Gardiner’s evidence that the meeting in late September or early October 2020, at which the AGM was indefinitely postponed, was convened in an “ad hoc fashion” to address the implications of the pandemic in a “common sense” manner. This would suggest that notice was given for this meeting. However, Owen J's statement in Elderslie Finance Corp Ltd v Australian Securities Commission indicates that notice is not essential: "The word 'injustice' requires the court to consider real, and not merely insubstantial or theoretical prejudice." Pursuant to s 10 of the Civil Proceedings Act 2011 (Qld), Owen J declares that: Francis Thomas Wilson, Ian Douglas Hall, Vicki Bailey, Shane Gilmore Cowan, Sharon Leigh Frances Cowan, Jason Michael Gardiner, Alice Mary Langford, and David Anthony Hatton OAM were elected as a director of Career Employment Australia Ltd at the annual general meeting of Career Employment Australia Ltd on 10 February 2021.

Judgment

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