I'm having some difficulty with my ex landlord in regards to rent arrears. I gave 28 days notice to vacate on the

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Customer: Hello I'm having some difficulty with my ex landlord in regards ***** ***** arrears.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: I gave 28 days notice to vacate on the 30/12/19. I checked wd with Consumers Victoria last year if the 30th is counted as the first day of notice.
JA: Has anything been filed or reported?
Customer: Sorry typo i I gave notice to vacate on the 30/11/19I. I was told yes so my 28 days notice ended on the 27/12/19
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is this correct as the landlord is trying to claim mote moneybout of me saying I owe 2 days rent as the notice period ends in the 28th of December Nothing has been filed or reported yet
Answered by John Melis in 2 hours 2 years ago
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John Melis
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John Melis
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Customer
HelloSorry I had to do some work. Are you available to answer questions?
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

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John Melis, Expert

do you have a written lease ?

Customer
No written lease so I was payinng rent weekly instead of monthly
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John Melis, Expert

Do you consider that you owe the landlord money?

Customer
Im in Melbourne, Victoria in Australia. Normally rent is paid monthly but I had a verbal and text agreement with the landlord to pay $800 per week for a 2 bedroom apartment and she allowed me to work from home.
This is going against the Body Corporate 100%.
Customer
No I don't believe I owe money.
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John Melis, Expert

Okay, so you don't have the money. You'll be able to dispute the landlords claim on the basis of your cash transactions with the landlord. Referencing the digital withdrawals from your bank account.

All you need to do is put an XL spreadsheet together which is supporting evidence presented to the landlord and state you do not owe any money.

Where the landlord brings proceedings against you in the tribunal, Victorian civil administrative tribunal, you will be able to dispute the landlords claims based on properly presenting the evidence I have stated above.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
My original question is thisI gave 28 days notice to vacate on 30/11/19. I believe my final day is 27/12/19. Is this correct?
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John Melis, Expert

The minimum notice period that you need to provide to the landlord is one months notice. So 28 days is insufficient and you will be be required to provide an additional number of days

Customer
28 days is the minimum according to Consumer Affairs Victoria
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John Melis, Expert

are you a sub-tenant or full tenant ?

Customer
Was a full tenant
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John Melis, Expert

ok

I kindly request that you please have a look at this website as it provides the relevant details concerning notice periods to vacate

https://www.consumer.vic.gov.au/housing/renting/ending-a-lease-or-residency/if-the-tenant-wants-to-leave/tenant-giving-notice-of-intention-to-vacate/reasons-for-leaving-a-tenancy-and-minimum-notice-periods

Customer
Can you answer my original question please
Customer
Ive been all over that website
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John Melis, Expert

where you are on a monty by month tenancy, a minimum of one months notice is required.

Customer
I gave 28 days notice to vacate on the 30/11/19. I believe my final day is 27/12/19. Is this correct?
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John Melis, Expert

if the landlord agreed with 28 days notice then your last day is 27 Dec.

Customer
Thank you
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John Melis, Expert

You are welcome, and thank you for supporting the community.

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