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Psycho trespassing, has no lease or keys

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  • Psycho trespassing, has no lease or keys

    Couple applies for 90 lease (not covered by RTA). Monday
    Woman signs agreement, pays the cash (3 months in advance plus bond), and takes the keys. Man not on the agreement.
    Couple moves in Tuesday.
    Weds, woman fills car and leaves.
    Man aggressive, arrogant and threatening to me.
    Thurs, man requests copy of the lease.
    Today, woman texts that she has left him because he is threatening her. Wants to send keys back.

    So he has no lease, no keys, and I don't know who's money I have.

    It's possible that she is lying, and just wanted to help him get a place because he is blacklisted.
    It's possible that this is a scam. If she claims domestic violence (under the RTA, which perhaps they don't realise does not apply) they might believe that she can get 50% of the money back.

    I told her to contact the police, that he has no legal right to be there, and I will support his eviction by police, if she can prove she paid out of her account.

    What do?

  • #2
    The tenant (the person on the tenancy agreement) remains liable until she is removed from the agreement, including for damage. I don't think just returning the keys or unilaterally asking to be released ends the contract. (Thinking she would need to apply to the Disputes Tribunal. Is that correct?) Owner does not have to agree to release her or return the rent / bond, but can collect evidence of threats to take to the police.

    I too would be suspicious that they have heard about the new domestic violence rules.

    Wasn't there a report in the media of a short term tenancy tin Northland hat turned into a periodic and then came under the RTA? Had to pay thousands to the owner (probably never received any).

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    • #3
      I wonder if you are making too many assumptions rather than just contact the police yourself to report it. Rather than have her send the keys back just change the locks. The guy doesn't have keys so how can he still be on the property? It's not clear cut and neither do you know he is blacklisted for a fact.

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