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When renting an apartment in Australia, I arrived late due to a delayed flight. The landlord refused to rent the house to me, but had already signed the contract online and transferred the money internationally. Now he refuses to refund, what should I do? How do I get my rent back?

1. Review the Rental Agreement
Check the terms and conditions of the rental agreement you signed online. Look for any clauses related to cancellations, refunds, or breaches of contract by either party. This will help you understand your rights and obligations under the agreement.

2. Contact the Landlord
Reach out to the landlord to discuss the situation calmly and professionally. Explain the circumstances of your flight delay and emphasize your willingness to fulfill your obligations under the rental agreement. Request a refund of the money you paid since you're unable to occupy the property.

3. Document Communication
Keep a record of all communication with the landlord, including emails, messages, and phone calls. Document any promises made by the landlord regarding refunds or alternative arrangements.

4. Seek Legal Advice
If the landlord refuses to cooperate or provide a refund, consider seeking legal advice from a lawyer specializing in tenancy law. They can review your rental agreement, assess your options, and advise you on the best course of action to take.

5. Contact Consumer Protection Agencies
You can also contact consumer protection agencies in Australia for assistance. They may be able to provide guidance on resolving disputes with landlords and help facilitate communication between you and the landlord.

6. Consider Mediation or Arbitration
If direct communication with the landlord fails to resolve the issue, you may consider mediation or arbitration. These alternative dispute resolution methods can help parties reach a mutually acceptable resolution without going to court.

7. File a Complaint
If all else fails, you may need to consider filing a formal complaint or taking legal action against the landlord to recover your money. This should be done as a last resort and only after exhausting all other options.

8. Review International Laws
Since you mentioned making an international transfer, consider reviewing any international laws or regulations that may apply to your situation. This could include laws related to cross-border transactions and consumer protections.

Summary
1. Review the rental agreement to understand your rights and obligations.
2. Contact the landlord to discuss the situation and request a refund.
3. Document all communication with the landlord.
4. Seek legal advice from a tenancy law specialist.
5. Contact consumer protection agencies for assistance.
6. Consider mediation or arbitration to resolve the dispute.
7. File a complaint or take legal action if necessary.
8. Review international laws related to cross-border transactions.

Legal Link Finds Similar Case Law for You
Law Firm's Insights
Date
13 September 2022
Place
Queensland
Respondent
Thomson Geer
Judge
MORRISON,DALTON JJA,BRADLEY
Highlights
The appellant, a plaintiff below, appealed a defects notice that directed the appellant to remove parts of the air conditioning system it had installed and install an air conditioning system which complied with the contract. The appellant's case was that the 11 August notice amounted to a direction to vary the contract so that it was entitled to: (1) the price of the varied work; (2) an extension of time (EOT), and (3) delay damages. The appellant was entitled to succeed on these claims below. Therefore, the appeal must be allowed.
Judgment
This appeals court allows the parties to continue to negotiate an order for judgment. If the parties are unable to agree on an order, each side is allowed to submit written arguments on costs. The arguments on costs are due by 15 February 2023.
Other FAQs You may Interested In
1. How should I handle issues related to deposits and rental agreements in Australia? How long does it usually take to resolve such issues? My renting experiences in Australia include renting alone and sharing a house with friends. During the settlement of my solo rental, part of my deposit was deducted. Meanwhile, in the shared housing situation, although I moved out early due to safety concerns and forfeited six weeks of deposit, we never signed a formal contract.2. When I was renting a house in Melbourne, I encountered fraudsters who used pictures of apartments rented on the Airbnb platform. They lured people to view the property and sign a contract at a low price, and they collected rent and deposits. What should I do? How can I recover the defrauded rent and deposits?3. In Australia, if a landlord asks me to move out before the lease expires and then demands that I pay rent for the period after I have moved out, how should I handle this? Do I have sufficient grounds to sue the landlord, and how long does it usually take to resolve such issues?4. I am renting a house in Melbourne, Australia, and the landlord is asking me to cover the NBN new development fee to activate the internet service. The landlord refuses to pay it. What should I do?5. I am renting in Australia, and the appliances, including the dishwasher and air conditioner, are broken. I have contacted the landlord about repairs or replacements, but there has been no resolution for two months. In this situation, how can I ensure that my rental rights are protected?
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