What's the etiquette for transferring bond between incoming and outgoing tenants?
February 1, 2010 5:07 AM Subscribe
I recently moved out of a sharehouse, about a third of the way through a 12 month lease on a two person sharehouse. My (now ex) housemate (Housemate A), found a replacement housemate that she was happy with (Housemate B), and Housemate B moved in on 16 January 2010. The lease is still in my name as the rental agency is notorious for dragging their feet on preparing the documents to be signed.
Although I haven't spoken directly to Housemate B, Housemate A has informed me that Housemate B is only willing to transfer the bond to me once everything is signed and the bond is in her name. It could be a few weeks before this will happen. I'm pretty keen to get my bond back as soon as possible because:
(a) I really need the money. I'm facing a severe cash-flow crisis that could be alleviated by the return of the bond.
(b) I'm not entirely comfortable with Housemate B being in the house and room that I'm partly liable for.
(c) Housemate B has been living there now for two weeks and I think it's about time I got my money.
I was wondering what the etiquette is for asking for the bond money. Should I wait until all the paperwork is done[1]? I am tempted to lean on Housemate B right now, and push hard for her to pay the bond to me ASAP. But is this a bit of an "uncool" thing to do? Should I wait until everything's signed?
[1] There is an outside chance that Housemate B can do a runner. Transfer of bond money is a private matter in Victoria, Australia. I.e., the overseeing body (the RTBA) only records names of the people for whom they are holding the bond for, they don't oversee the transfer of the money. The RTBA recommends that payment is made by the incoming tenant to the outgoing tenant before the bond is signed by the outgoing.
[2] To make the situation a little more complicated, Housemate A is this person:
http://ask.metafilter.com/134472/Whats-the-best-way-of-dealing-with-a-housemate-with-BPD-who-is-concerned-by-me-spreading-coldsores-to-her
She is prone to act in extreme and often incredibly destructive ways, seemingly at random. So far she hasn't given me Housemate B's contact details, even though I have asked for them, which is a bit of a concern. I'll ask again soon.
Although I haven't spoken directly to Housemate B, Housemate A has informed me that Housemate B is only willing to transfer the bond to me once everything is signed and the bond is in her name. It could be a few weeks before this will happen. I'm pretty keen to get my bond back as soon as possible because:
(a) I really need the money. I'm facing a severe cash-flow crisis that could be alleviated by the return of the bond.
(b) I'm not entirely comfortable with Housemate B being in the house and room that I'm partly liable for.
(c) Housemate B has been living there now for two weeks and I think it's about time I got my money.
I was wondering what the etiquette is for asking for the bond money. Should I wait until all the paperwork is done[1]? I am tempted to lean on Housemate B right now, and push hard for her to pay the bond to me ASAP. But is this a bit of an "uncool" thing to do? Should I wait until everything's signed?
[1] There is an outside chance that Housemate B can do a runner. Transfer of bond money is a private matter in Victoria, Australia. I.e., the overseeing body (the RTBA) only records names of the people for whom they are holding the bond for, they don't oversee the transfer of the money. The RTBA recommends that payment is made by the incoming tenant to the outgoing tenant before the bond is signed by the outgoing.
[2] To make the situation a little more complicated, Housemate A is this person:
http://ask.metafilter.com/134472/Whats-the-best-way-of-dealing-with-a-housemate-with-BPD-who-is-concerned-by-me-spreading-coldsores-to-her
She is prone to act in extreme and often incredibly destructive ways, seemingly at random. So far she hasn't given me Housemate B's contact details, even though I have asked for them, which is a bit of a concern. I'll ask again soon.
Response by poster: Good points, muhonnin.
Yeah, I agree, leaning on the rental agency is the way to go. I'm sending them emails once every second day.
Now, although Housemate B is blameless in that she has no control of the whims of the rental agency, she should have been expecting to pay bond as soon as she moved in (at least I would expect that). And plus, it's very doubtful that the rental agency will say "no" to changing over the lease, especially as she is already there! So basically, it's a question of "when"....
Anyway, I'm going to get some sleep.
But, yes, yes, you make good points....although, I'll wait till a few more people have commented before deciding on a strategy :P.
posted by severin at 6:05 AM on February 1, 2010
Yeah, I agree, leaning on the rental agency is the way to go. I'm sending them emails once every second day.
Now, although Housemate B is blameless in that she has no control of the whims of the rental agency, she should have been expecting to pay bond as soon as she moved in (at least I would expect that). And plus, it's very doubtful that the rental agency will say "no" to changing over the lease, especially as she is already there! So basically, it's a question of "when"....
Anyway, I'm going to get some sleep.
But, yes, yes, you make good points....although, I'll wait till a few more people have commented before deciding on a strategy :P.
posted by severin at 6:05 AM on February 1, 2010
Wow, amazing backstory! I'm glad to see that you got out.
Firstly, I would speak directly to B. A doesn't sound entirely rational and (I would assume) is not inclined to help you. From the previous post it seems as though she finds it reasonable to twist people's words to her own ends, which might not be the most noble at this point.
Seeing as how the RTBA suggests getting the money before the bond is signed, after speaking to B and ascertaining where she stands, draw up an agreement stating that she is paying you, that the premises is in decent shape and that when the bond is transferred it is entirely hers (I'm American and not sure how Aussie contract law is, but here almost anything, contract-wise, will hold up in court as long as it makes sense. IANAL).
I agree that she should have expected to pay it when she moved in and I don't think it's unreasonable to ask for it when she's staying in the room. If she's a decent person on the up and up I don't see how she would refuse (unless she's starting to see the BPD and is thinking of changing her mind). Of course, keep pounding away at the rental agency.
Forgive me if I've overlooked any subtleties of Australian rental laws and practices.
posted by dozo at 7:13 AM on February 1, 2010
Firstly, I would speak directly to B. A doesn't sound entirely rational and (I would assume) is not inclined to help you. From the previous post it seems as though she finds it reasonable to twist people's words to her own ends, which might not be the most noble at this point.
Seeing as how the RTBA suggests getting the money before the bond is signed, after speaking to B and ascertaining where she stands, draw up an agreement stating that she is paying you, that the premises is in decent shape and that when the bond is transferred it is entirely hers (I'm American and not sure how Aussie contract law is, but here almost anything, contract-wise, will hold up in court as long as it makes sense. IANAL).
I agree that she should have expected to pay it when she moved in and I don't think it's unreasonable to ask for it when she's staying in the room. If she's a decent person on the up and up I don't see how she would refuse (unless she's starting to see the BPD and is thinking of changing her mind). Of course, keep pounding away at the rental agency.
Forgive me if I've overlooked any subtleties of Australian rental laws and practices.
posted by dozo at 7:13 AM on February 1, 2010
It's unfair to say that she should have expected to pay the bond when she moved in when it sounds like the specifics of the situation are that they're legally entitled not to. While good faith may indeed suggest paying the bond immediately, plenty of people have been burned through good faith alone.
I empathize with your financial crisis, however the new tenant is protecting their legal rights and seems entirely justified to do so. I would inquire with a friend or family member for a temporary loan for the amount you need and pay them back in a few weeks when the bond comes through. Good luck!
posted by Hiker at 8:19 AM on February 1, 2010
I empathize with your financial crisis, however the new tenant is protecting their legal rights and seems entirely justified to do so. I would inquire with a friend or family member for a temporary loan for the amount you need and pay them back in a few weeks when the bond comes through. Good luck!
posted by Hiker at 8:19 AM on February 1, 2010
Response by poster: Hey thanks everyone. Yeah, looks like I'm going to err on the side of letting Housemate B pay the money once everything's in her name. The only thing I'm worried about is her "doing a runner". Once things are in her name, there is nothing compelling her to pay me the bond.
Yeah, @dozo, it was a pretty foul situation to be in. That post was the tip of the iceburg. I feel a bit bad for Housemate B. I feel like the protagonists at the end of the US version of The Ring [spoiler alert]: the only way to save myself was to palm off the problem onto someone else.
posted by severin at 8:46 PM on February 1, 2010
Yeah, @dozo, it was a pretty foul situation to be in. That post was the tip of the iceburg. I feel a bit bad for Housemate B. I feel like the protagonists at the end of the US version of The Ring [spoiler alert]: the only way to save myself was to palm off the problem onto someone else.
posted by severin at 8:46 PM on February 1, 2010
This thread is closed to new comments.
For best results, lean on the rental agency. Politely request that they expedite the necessary paperwork. Placing the request in person may help. Repeating the request as often as daily (while remaining polite) may help. Until the necessary paperwork is in order, please do not bother blameless Housemate B.
posted by muhonnin at 5:46 AM on February 1, 2010