Northcote wrote:Hi All,
We are newly arrived expats here and also having some troubles negotiating what we would view to be a 'reasonable' TA with a landlord.
While we have managed to amend some clauses like 'regularly dry cleaning the curtains', we are not having much success with others, in particular:
-No movement on security deposit only being held against damage to property or unpaid rent (it is for all clauses of TA)
JR8:
What else could it be held against? Also note the issue is 'damage beyond reasonable wear and tear'. That is because it is accepted as a given, that even a model tenant, by the very fact of living in a property, some wear and tear will occur.
That said, do note that a TA will also often require a tenant to indemnify the landlord against any third party action/fines triggered by the actions of the tenant (say a fine from condo management).
-No willingness to place an annual cap on minor repairs (at $150 per repair)
JR8:
Tricky one. The aim is to stop you calling them out every time something really minor happens (example: you ask the landlord to come and replace a blown lightbulb). I can see with some kiasu tenants that this co-pay has it's reasons. For us last time, we just ended up fixing most problems ourselves.
-Will not remove the word 'immoral' despite not being able to give us a their definition of the word
JR8:
That is a standard clause: You will see it in UK leases, even one's going back 100 years.
A Definition would be that you will not use to premises for immoral purposes, such as running a brothel, or an opium den. Don't worry about this one is my 2c, I've never heard a person who has ever had a problem via this clause.
-Won't accept a 'reasonable attempts' addition to the 7 days from rent due clause
JR8:
Well if I were them I would, as that would be reasonable!
-There is an agent commission claw back clause inserted in case of early contract termination.
JR8:
Yes, I think that one is normal too. They have to pay the agent assuming (IIRC) a full 12/24 month TA. If you bail out early, the landlord gets hit for commission, and the double whammy is he has no rental income during any void.
Just wondering if most people have been able to get these things amended or are we just being too 'fussy' and don't understand local concepts (and trying to apply too much Australian common sense)?
JR8:
It is pretty archaic, but a lot of these clauses do make sense. What you have to differentiate is when the landlord is being over-zealous, and unreasonable.
Keen to hear other's experiences in the negotiation phase and if we should walk away or if we just have to be contract takers because LL's have all the power.
Thanks in advance
JR8:
The landlord is probably unused to tenants understanding or requesting amendments (intelligent or otherwise). Assuming the landlord is a local, be careful not to dent their pride by demonstrating that you understand more about TA's than he does. Try and keep it light-hearted, and explain in the simplest terms why any questionable clauses are unreasonable or won't help.
Also, and I know it's difficult, try not to get your heart set on one place before you've signed the TA. Maybe casually drop into conversation that you're continuing to view other apartments. It might help motivate him.
Good luck and revert if you have any follow up questions.
Northcote wrote: -No movement on security deposit only being held against damage to property or unpaid rent (it is for all clauses of TA)
How is it phrased in the current shape?
-No willingness to place an annual cap on minor repairs (at $150 per repair)
From my experience so far this is negligible unless you are going to rent a really ran down place. For 12y or so of renting here we paid something like 300 in total for the minor repairs.
-Will not remove the word 'immoral' despite not being able to give us a their definition of the word
Just ignore it. Not significant and not worth the time to convince a typical LL.
-Won't accept a 'reasonable attempts' addition to the 7 days from rent due clause
and what suppose to happen if it remains unpaid?
-There is an agent commission claw back clause inserted in case of early contract termination.
Seems fair if this is on prorated bases..
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