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Response to Stimulus Test, The law and society, renting and buying a dwelling.

Extracts from this essay...

Introduction

Ben Walker Mrs. Reynolds. Year 12 Legal Studies, Response to Stimulus Test, The law and society, renting and buying a dwelling. Dear Daniel, I have been recently notified of your problems with your rental house and offer my legal knowledge to assist you further. Firstly the rent of $150 seems reasonable, yet asking for a bond of $900 dollars is not. The residential tenancies act, on which most of my advice will be based, states that the bond arranged at the start of the lease term can only be four times your weekly rent. The bond you should have been asked to pay should have been in the amount of $600 dollars. The property owner in this case has broken part of the act and mediation over this should be called upon and if this is not successful, you can file a case with the small claims tribunal and maybe claim a small part of your bond back. A receipt should have been given to you by the Property owner for your payment of the bond, and you should also receive a receipt for any rental payments you make.

Middle

If no action was taken, you can ask for mediation, which will often help. At $20 it is much cheaper than going to the Small Claims Tribunal, but if the mediation doesn't help, the SCT may be your only option. You stated that during a party, the property was damaged. This included the rip in the couch getting bigger and a smashed window. Unfortunately for you, fixing these problems is not a responsibility of the Property Owner. Considering your guests did the damage, and it is your name listed in the lease, it is your responsibility to fix the window. Seeing that you had listed the couch as originally having a rip, you could ask the property owner to assist in some of the repairs for this item. The storm the following day damaged a rug owned by you and existing carpets, due to the leak in the roof. You originally informed the Property owner of this problem so legally it is the property owner's responsibility to fix the leak and to also pay you compensation to account for the repair cost of the rug and damaged carpets.

Conclusion

The Property owner, though has no right to tell you to immediately move. The process is much more complicated. First the Owner must give you a notice to remedy breach, which in this case is the window. If you as the tenant do not fix this problem within fourteen days, the property owner can give you a notice to leave. The notice to leave will state a handover day, which is the day on which you must leave the property. If your refuse once again to leave, the Property owner will go to the Small claims tribunal within two weeks of turnover day, to try to gain a termination order. A police person will then claim the property within three days, if the termination order is obtained. The fact that the property owner blames you for the carpets cannot be proven, as that damage was a fault of her own. Hopefully the information given is sufficient to help you through your current situation. Yours sincerely, Ben Walker Walker.B

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