Our lease is up on May 6 and our property manager has rejected our request to stay for one more month due to the corona

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Customer: Our lease is up on May 6 and our property manager has rejected our request to stay for one more month due to the corona virus. we are worried for our own health and safety if we'd have to move during this time and we are intent on staying another month
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Western Australia
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: those issues aren't relevant to this issue
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that's all
Answered by John Melis in 3 hours 2 years ago
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John Melis
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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.

In relation to your matter, was there any form of correspondence between the parties in written form additionally to what you have told me already.

Customer
Our request to extend the lease and today we got the notice to vacate
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John Melis, Expert

In regard to the federal government's new law on moratorium of evicting tenants, the landlord cannot evict you at this time. There is a six month grace period where tenants are safe without eviction

The Australian government has introduced a moratorium on evictions for the residential and commercial tenants during the coronavirus pandemic. For the next six months there is technically a freeze on trying to evict tenants out of residential or commercial properties. Where your landlord is placing undue pressure on you, and you are unable to meet the rent obligation, you are in a strong position to remind the landlord that there is a moratorium on rent.

Then in this case you invite the landlord to discuss this amicably with you and where this is not achievable with the landlord and the landlord keeps placing pressure upon you, your next step is to engage a lawyer to issue a formal notice to the landlord detailing the moratorium that stands rental. As a tenant and under his moratorium structure the Australian government put into place, the tenant is protected for the six month period. If you receive any harassing communication from the landlord you may be able to get a restraining order against the landlord for such a negative conduct. The tenant in the current position as it stands has significant weight to force the landlord not to evict the tenant under these difficult situations of the coronavirus. Where the landlord is not working amicably with you, your suggested to reach out to your local lawyer who can then communicate with the landlord to settle the matter on your behalf.

The tenant is being protected by the Australian government in this very difficult time.

​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
You misunderstood our situation. We are not being evicted, our lease has reached its natural end and the landlord is refusing to extend one month
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John Melis, Expert

Refusing to extend one month is the same as being evicted. So if you don't want to stay in the premises you can leave, but if you want to stay in the premises, you can rely on the moratorium which I have detailed above to argue your case to stay in the premises.

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