Death no excuse for lack of notice: landlord

Xavi6

http://news.ninemsn.com.au/article.aspx?id=371611

A "heartless" Melbourne landlord has taken a grieving woman to court to recover $600 from her deceased father.

Theresa Duggan was hit with legal action because her father had failed to give 28 days notice before breaking the lease of his Traralgon residence — because he suffered a sudden heart attack and died.

Landlord Anthony Lee was unapologetic in pursuing money from the estate of Michael Ward, who died at 64, the Herald Sun reports.

"A tenant has died. Is that my problem?" Lee said at the tribunal hearing.

The law states that if a tenant dies in a rental property, a representative must give 28 days notice to break the lease.

If the landlord cannot find a new tenant during those four weeks, the landlord can make a claim against for lost rent.

"I was so angry," Duggan told the Herald Sun.

"It's such a miserable thing to do."

Duggan claims to have spent several days and hundreds of dollars cleaning the house. To make matters worse, she has already taken out a $6000 personal loan to pay for her father's funeral.

"It was just heartless," she said.

How scabby can you be?!

green123

The law states that if a tenant dies in a rental property, a representative must give 28 days notice to break the lease.

If the landlord cannot find a new tenant during those four weeks, the landlord can make a claim against for lost rent

---

well if thats the law , then she should not be complaining
business is business

Manic Moran

It seems to me that if the legislature actually took the time and effort to create that law, it's not as ridiculous as the subject line might imply.

NTM

cozmik

What a prick.

Mossy Monk

Why is he taking the daughter to court? Did she live there too?

KTRIC

Business is business, simple as that. Why should the landlord be bothered with the tenants death, he still needs to be paid.

Reku

Why on earth would they have created such a law?
Guess the government at the time must have had a lot of landlords in it....

baztard

$600 is roughly €300. Sure it cost the miserable c*nt more to bring her to court than what he was going to get from her. I'd smash up his car or his beloved gaf, give him a little taste of what it feels like to be sh*t on by someone else.

18AD

God: You're going to die in 28 days. Just so you can clear things up with your landlord.

Reku

18AD wrote: »

God: You're going to die in 28 days. Just so you can clear things up with your landlord.

Maybe that's what she should've done to recoup the cash, sue the church for their god not giving fair warning.:D

Donegal Lass

was the landlord originally from Derry???...

Maximilian

Mossy Monk wrote: »

Why is he taking the daughter to court? Did she live there too?

She's probably the executrix.

ScumLord

If the landlord cannot find a new tenant during those four weeks, the landlord can make a claim against for lost rent.

That seems stupid, like your always tied to that apartment. If I move out of a flat and the landlord doesn't find anyone to replace me I'm still supposed to pay the rent?

ScumLord

ScumLord wrote: »

That seems stupid, like your always tied to that apartment. If I move out of a flat and the landlord doesn't find anyone to replace me I'm still supposed to pay the rent?

only during the notice period

Xavi6

ScumLord wrote: »

That seems stupid, like your always tied to that apartment. If I move out of a flat and the landlord doesn't find anyone to replace me I'm still supposed to pay the rent?

If you leave in say September and your lease is til say October then yes.

Kur4mA

In fairness folks, the mans gotta eat!

azezil

Yet another example of why I don't like Australia!

Xavi6

azezil wrote: »

Yet another example of why I don't like Australia!

What are the others then?

I'm sure the laws are the same in Ireland anyway regarding rent

faceman

Donegal Lass wrote: »

was the landlord originally from Derry???...

I would have thought Cavan???

azezil wrote: »

Yet another example of why I don't like Australia!

+1

Xavi6 wrote: »

What are the others then?

I'm sure the laws are the same in Ireland anyway regarding rent

There are laws indeed but not like this!

Xavi6

faceman wrote: »

There are laws indeed but not like this!

So you're saying no notice is required in Ireland when vacating a rental property?

Morlar

The landlord is a scumbag greedy bastard- common human decency ftw!

tbh

"nah mate, not asians - AGENTS".


incredibly obscure reference there.

Morlar

tbh wrote: »

"nah mate, not asians - AGENTS".

incredibly obscure reference there.

Definitely heard that before somewhere - man thats annoying.

Capt'n Midnight

green123 wrote: »

The law states that if a tenant dies in a rental property, a representative must give 28 days notice to break the lease.

If the landlord cannot find a new tenant during those four weeks, the landlord can make a claim against for lost rent

---

well if thats the law , then she should not be complaining
business is business

Just one question

On what legal basis was she a representative, did she have power of atternoy or something ?

To me it sounds like he should be suing the estate , not the daughter. And if she had to borrow money for the funeral then there isn't much left in the estate.

faceman

Xavi6 wrote: »

So you're saying no notice is required in Ireland when vacating a rental property?

yeah thats exactly what i said. :rolleyes:

Capt'n Midnight

Capt'n Midnight wrote: »

Just one question

On what legal basis was she a representative, did she have power of atternoy or something ?

To me it sounds like he should be suing the estate , not the daughter. And if she had to borrow money for the funeral then there isn't much left in the estate.

Probably penniless when he died, but sueing a relative is a but mean.
It would be a different story if he'd left assets and she (or executer) refused to "tidy up his affairs".

Crazy Christ

azezil wrote: »

Yet another example of why I don't like Australia!

+1

Fighting Irish

Xavi6 wrote: »

http://news.ninemsn.com.au/article.aspx?id=371611



How scabby can you be?!

Business is business at the end of the day.

humanji

Speaking of scabby gits:

MADRID (Reuters) - A Spanish driver who collided with a cyclist is suing the dead youth's family $29,300 for the damage the impact of his body did to his luxury car, a Spanish newspaper reported on Friday.

Businessman Tomas Delgado says 17-year-old Enaitz Iriondo caused $20,500 of damage to his Audi A8 in the fatal 2004 crash in La Rioja region, the El Pais newspaper reported.

Delgado, who has faced no criminal charges for the incident, wants a further 6,000 euros to cover the cost of hiring another vehicle while his car was being repaired, El Pais said.

The youth had been cycling alone at night without reflective clothing or a helmet, according to a police report cited by El Pais.

His family won 33,000 euros compensation from Delgado's insurance company after the firm acknowledged he had been driving at excessive speed and this could have contributed to the incident, El Pais reported.

"I'm also a victim in all of this, you can't fix the lad's problems, but you can fix mine," Delgado told the newspaper, ahead of a January 30 legal decision on his suit.

The family said they had previously pitied Delgado for the guilt he must feel at killing their son but were now disgusted that his greatest concern appeared to be money.

"This was the final straw, a kick in the teeth," the youth's mother Rosa Trinidad told El Pais.

Xavi6

faceman wrote: »

yeah thats exactly what i said. :rolleyes:

You said -

faceman wrote: »

There are laws indeed but not like this!

implying that Ireland has different laws when it doesn't

faceman

Xavi6 wrote: »

You said -



implying that Ireland has different laws when it doesn't

The rules about dealing with the estate of a deceased person

cozmik

humanji wrote: »

Speaking of scabby gits:

When a rich asshole in an Audi A8 kills someone no one takes any notice but if it were a boy racer driving this place would be up in arms.

Terry

cozmik wrote: »

When a rich asshole in an Audi A8 kills someone no one takes any notice but if it were a boy racer driving this place would be up in arms.

Dude wasn't Irish. No-one cares about rich arseholes and boy racers in other countries.

OT: Two greedy and pathetic people. The sad thing is, it happens here all the time too.

Pompey Magnus

humanji wrote: »

Speaking of scabby gits:

Wow, that isn't a scabby git, that is just pure, unadulterated evil right there. I am no fan of boy racers but I'm sure there isn't one of them who could have less class than that b@stard.