I have a joint tennant and one has moved out about a month ago without any notice to me, she is now asking for her

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Customer: Hi, I have a joint tennant and one has moved out about a month ago without any notice to me , she is now asking for her tenancy to be terminated and bond returned. Her partner is still in the property and paying the rent. His name is ***** ***** documents and bond receipt. One problem is his name is ***** ***** aggreement but not signed by him. They are not communicating with each other. What are my moves from here Thanks John.
JA: What steps has her partner taken so far? Have they prepared or filed any paperwork?
Customer: Not sure how far she has gone but in a text on the29th said she has lodged a bond to be returned to theR.T.B.A.
JA: The Property Lawyer will be able to walk you through that. Where is the property located?
Customer: Unit 3/11 Elm Street Bayswater
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Maybe enough.
Answered by John Melis in 58 mins 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.

Concerning your important matter, you have noted that these two tenants names on the lease one of the tenants has moved out but the boyfriend is still living in the property. In this particular case as there's two tenants names on the lease they are still both equally responsible for the rent payment until the end of the term of the lease.

The tenant that has moved out who is trying to reclaim their bond back, cannot reclaim their bond back because the lease is still in force

Where you are on a fixed term lease, and rent is due and that other tenant is not paying their rent, what you should do is inform the tenant that you will commence proceedings in the Victorian civil administrative tribunal to ensure that payment of rent comes from them as a debt owed and there any debt claimed could be a negative credit rating against their name and therefore they must maintain the rent payments.

You apply this to the named person on the lease document even if they have not signed the lease document their names on the lease and therefore they are bound by the lease as they are in the premises at utilising the premises even where they have actually packed up and left.

If the tenancy agreement is a month-to-month tenancy no fixed term, then this is a totally different situation and the tenant that is the other tenant has left, needs to give requisite notice of 28 days.

If that tenant hasn't given 28 days notice to you that they are vacate in the property in the correct format, you can then raise a claim against that tenant for a debt due again in the Victorian civil administrative tribunal. You may also write to the bond authority asking them not to release the bond as there is a dispute in place.

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.

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