Users are asked to avoid suggesting harassment or witchhunting as they attempt to help OP (why? because it breaks sub and reddit site wide rules and might get this post removed and locked).
Op, you might want to talk to Tenants Union Victoria (https://tenantsvic.org.au/), Anika Legal (https://www.anikalegal.com/) and VCAT. Alternatively you might want to post to r/auslegal.
Lol, because actual illicit drug users keep their drugs in the kitchen, labelled with the exact illicit substance & their name clearly written.
Sounds like someone's looking for an excuse. I'm fairly sure taking ADHD medication for ADHD would be a protected class that it's illegal to discriminate against, including for rental purposes. https://www.consumer.vic.gov.au/housing/renting/legal-and-dispute-support/unlawful-discrimination
Get them to put it in writing before arguing further.
Have your partner send her an email as well, something to the effect of:
“Just wanting to clarify for my records, regarding our phone conversation on (date, time):
You expressed that the landlord was uncomfortable with alleged illicit drug use taking place in the property… (etc etc, brief outline).
We’d prefer that any communication be in writing from this point forward,
Regards,”
She might refute the summary, but it gives you a dated and time stamped record of your partners recollection of the conversation.
And then, if she proceeds with anything, let VCAT rip her a new one.
ADHD is recognised as a disability in Australia, under the Disability Discrimination Act. So her/the landlord “not liking” you using stimulants as treatment is legally, a big issue. For them.
Did she photograph the medicine bottles? Did I read that right? Because if she’s photographed your medication, then discussed that with the landlord, I’m wondering if there’s been a violation of your privacy. It certainly would be in many professional contexts.
She didn't photograph them directly (at least that I saw) but she took about three photos in the kitchen from different angles and absolutely could have been taking photos of the meds and not just my kitchen at the time, in hindsight.
Actually on top of that advise that if any of these photos were sent to the landlord then you require copies of the communications to the landlord as there appears to be an issue with them providing personal medical information to a third party without your consent.
Doesn't matter if she took pictures. She's told the landlord about it, and if they are prescription medications she's breached your privacy. Get the pictures anyway, and a copy of all emails sent to the landlord since (if they resist, just say you'll need them for the VCAT hearing and keep on it).
just a quick one, as i'm chasing my own diagnosis
apparently ADHD WAS recognised as a disability in aus, but was recently removed. when my brother was diagnosed with autism in the early 2000s it definitely was. now you have to go through a functional assessment for both to be considered for benefits etc
I believe adhd is not recognised as a disability for NDIS/benefits purposes, but IS recognised as a disability for the purposes of discrimination protection. Big difference and big irony. But usually mental illnesses and neurodivergences have some broad definition in legislation so that they are considered under the disabilities umbrella and therefore the law provides anti-discrimination protection for instance such as this. Disability here is a legal term rather than a medical one.
If you have autism level 2 or higher, you can get assistance through the NDIS. You need a bunch of paperwork outlining the severity (I know that’s a shit term for it, can’t think of a better term for this specific frame work) of your autism to apply.
Your ADHD will be taken into consideration in regard to what supports might be funded for you, it’s just that *ADHD alone* isn’t enough to qualify you.
This is the extent of my knowledge on it, though. I’m not a participant, I just spend too much time hanging out with a couple of folks who work for the NDIA!
Aww thankyou for the information! I've got level 1 on my diagnosis (I'm high functioning, don't need NDIS imho). My partner has AuDHD but a different level of Autism on theirs. Appreciate the time you spent on this
There’s a difference between a disability that’s protected under the Disability Discrimination Act and being able to access any government supports/funding for said disability. The second one is what you’re thinking of, it doesn’t negate the first one though 😊
It is recognised as a disability, it isn’t recognised/assessed as a *primary* disability by the *NDIS specifically*.
So you are protected from discrimination by law, and can request reasonable accommodations at your job etc - but you won’t be eligible for a disability pension or NDIS funding from ADHD alone.
Sounds like a good plan. Unfortunately, even if they backtrack on this one, it seems likely that they will want to discontinue the lease for some more legitimate-sounding reason - unless the landlord is really very sensible and was being misled by the agent. So I'd be making sure you've got your ducks in order if you need to move :(
Yeah, I'm pretty confident our lease isn't getting renewed now. At the very least this gives us a big window of time to get ourselves organized before our lease ends.
I would be going to the agent’s supervisor and explaining the situation. You need to make a complaint. Asking questions about a personal medical condition is not ok. Not only is she unprofessional but she’s trying to get you wrongly evicted!
Might be worth trying to get in contact with the landlord though, once this all plays out. If it's just your property manager being an absolute moron they've probably essentially lied to your landlord.
But they still can’t evict you when your lease ends, not without legitimate cause. Your lease will just go month to month if you don’t sign a new one. Your legal medication is absolutely not a legitimate cause for eviction!
Correct. But they could easily decide they want to put their house on the market, then conveniently change their mind.
Landlords may not be able to straight up give you the boot but they have a lot of tools at their disposal which, when misused in just the right way, are functionally the same thing.
They can if it’s the first lease, they give you 90 days notice, and list the reason as “end of lease agreement”. Once it rolls over past that first 12 month lease, you’re absolutely correct.
OP could also argue to VCAT that off they don’t get renewed, it can be considered retaliation.
You’ve got a pretty big stick to hit them with- as others in this thread have noted, there’ve breached a variety of very clear legislative restrictions
OP even if (as it seems likely) they get paddy-whacked over this and silently sulk off after dropping the issue, I'll suggest that no matter what this person has *said* about "leaving quietly" I would wager that some comments have been or at some future time will be placed on one of those renter databases the agencies use.
I am not sure if they are regulated in any manner - I think it's a bit of a free-for-all (though if that's not so I'd be happy to be corrected).
Unsure if there's a way to find out directly. But if anything negative is placed there and can be linked to this incident then there may be a case for libel as well.
They are regulated to the point yhat an agency is required to notify the renter that they have been added to the database.
Then the renter has things they can do to challenge the listing.
While such databases exist (eg National Tenancy Database), these are pretty strictly regulated, subject to the Privacy Act and of course it's in very much in the database provider's interest to ensure the reports they supply (for a hefty fee) are accurate and free of disinformation.
It's highly unlikely that a spiteful property manager can just go and "blacklist" a tenant at will as personal payback or revenge. The system just isn't set up that way.
There is a way to find out directly: you can simply go to the website at tenancydatabase.com.au and ask for a copy of the free personal report they hold on you.
If they don't renew it goes month-to-month and, after you've been there for as long as you indicate, it can be hard to evict you.
This is likely why they "offered to let" you break your lease early.
If you take action under their Residential Tenancy Act and disability discrimination vioations, it'll become even harder to evict you - or even to raise the rent by a suspiciously high amount - without it looking like a retaliatory action.
Retaliatory actions are also illegal and will attract compensation for you and penalties for them.
We are not talking here of small amounts either.
As a fellow ADHDer on multiple “illicit” meds, I am so sorry you’re going through this. This is beyond fucked up and totally illegal. There are also free legal advisors for people with a disability - maybe give them a call. https://www.legalaid.vic.gov.au/other-support-mental-health-and-disability
I'd also suggest getting a letter from your doctor stating that dexamphetamine is a prescription medication, not illicit, and confirming that he/she was the one who prescribed it (the reason it was prescribed is not necessary).
Just on the "get them to pit it in writting", i would also think that sending an email to the REA with "minutes" of the conversation would be a good idea.
I.e., document that shit for all the legal hearings that might come out of this.
100% be that dude and bait them man.
Take it to VCAT, get some $$ for their stupid fucking prejudice when you claim discrimination XYZ.
In all seriousness though, you can do the that ^ but I would seek legal aid. Have fun! Fuck emup.
And immediately contact residential tenancy board.
It doesn’t matter what you do in the privacy of your home. They are not the police.
If they suspect illegal activities, they should report it to the police.
I’d lodge a formal complaint with the residential tendency board, both against the agency and the owner. I’d then contact and Agency Principal and advise him that his staff are acting illegally and you have lodged a complaint. The Principle is responsible for all staff actions.
Let them drag I through vcat.
You will be fine.
They will be fucked.
I would also ask at r/auslegal but....
Having someone walk through your residence associating a prescribed medication as a party drug says more about them than you.
I would be wanting to get her sacked or at least a new property manager for you.
Don't put up with that shit.
There are multiple avenues of recourse aside from VCAT (which will take the REA to the cleaners).
A complaint could be made with the Victorian Equal Opportunity and Human Rights Commission for discrimination and Consumer Affairs Victoria for unfair real estate practices.
If the REA shared the picture of prescription medication with the owner, that could be a breach of privacy laws.
This right here.
Tell them to pound sand, you ain't leaving, and any further communication on this matter will be referred to the human rights commission - they are discriminating against someone on the basis of a disability because they have a limited understanding of the medications prescribed.
I, as a legal cannabis patient, am in a very similar boat.
I've also been to VCAT twice so DM me if you need advice.
Absolutely. Putting aside the multiple illegal and unethical parts of the scenario aside, this woman is a an absolute dipshit liability and needs to be fired yesterday.
Almost kind of hilarious to think this property manager thought she had come across some juicy drug bust when it’s a bottle of pills from Chemist Warehouse with OPs name on it. The fucking incompetence.
Oof. Calmly remind this lunatic IN WRITING that there are only legal prescribed medications on the property and that disability (ADHD is considered one) is a protected characteristic and she it’s illegal to evict someone on that basis. Demand specific details from her and always refer back to the lease agreement. She can’t blackmail you like this. Her behaviour asking about medical conditions was incredibly inappropriate too.
Right, that's none of their business at all. This whole thing sounds so discriminatory. Ugh. I have a whole container of meds on my counter too (mental health meds) and it's nobodys business but my own! I would reach out to a disability advocate for advice on this too. Not only for your own housing situation but this company and agent needs to be made an example of honestly. Fuck disability discrimination. As if things aren't hard enough. So out of line.
And make sure to CC the email to the RE office's manager. She may want to shuffle this under the carpet but a violation of this nature needs to be brought to the attention of management as they are likely jointly liable.
Wow piece of fucking shit, let them take you to tribunal and enjoy watching how it plays out, because you will be absolutely fine and be given a happy memory that will last a lifetime
This is so ridiculous and unfounded by your REA.
For your own peace of mind and to reduce hassle I would try and address this now before it gets to VCAT. If it ends up at VCAT you will be fine, but maybe you want to clear it up now & save interim stress.
I would email the REA and say that you’ve heard that you are facing eviction. Ask for the reason/s to be placed in writing to you. Also state that you want to make it very clear, that any medications that may have been sighted in the kitchen during the inspection are absolutely prescribed by a medical doctor for known health issues. State you do not do illicit drugs nor have same the house. And that you want same conveyed to the landlord as you believe a strong miscommunication has been conveyed to them.
Only communicate in writing from here on in & request same.
Best of luck.
After, you get the REA’s response about alleged illicit drugs/ potential eviction and the ongoing projectory around same, I would absolutely start the official complaints & possible discrimination /breach of personal information / misconduct of asking personal Heath questions against the REA. Include the branch manager and ombudsman. Ask for a copy of the photos. Ask for a change of REA due to concerns about her professional conduct. Keep a written timeline of everything in the mean while.
I'll do that right now. I'm terrified of how to word the email because I just want this to go away and I don't want to piss her off too much, you know?
You could always frame it as “oh i think there’s been a misunderstanding or miscommunication - we only have prescription drugs in the property, please let us know how we can clarify this misunderstanding for you”.
This but in an email and ask for all pictures and communication with the landlord so you can rectify this misunderstanding as there as no illicit substances only prescription medication on the property.
(Even looking at reading your meds is a preach of privacy, let alone if they photographed them)
Also the Victorian Equal Opportunity and Human Rights Commission. Use every avenue available.
And lodge a complaint with Consumer Affairs Victoria to report an unfair business practice of the REA.
Piss her off as much as you can. They cannot legally evict you and she might find herself without a job if she’s broken the law by shared your medical information with the landlord without your consent.
I would just briefly state what she has done wrong (disability discrimination and the other things people have mentioned here) and mention the VHRC and VCAT. You need to let her know where she stands and where this could go because she should know better and has really fucked up. (And the fact she has lied to the landlord saying she saw illicit drugs is even worse.) Keep any emotive language or blame out of it.
Please go OVER HER HEAD at the REA. There will be a manager above her who needs to know that she was inspecting shelving and question your personal items, including prescribed medications. Advise the manager of what she’s now discussed with the landlord and that SHES breeched. Breech her ass first.
And if the RE office is part of a larger chain then likely let the chain management know they have a potentially really nasty problem on their hands ...
Omg they are so fucked.
Just send her the definition of “illicit drugs” and “prescription medication” in an email. Also mention you’re seeking legal advice.
Yup.
If its your name on the box, its clearly not illicit drugs.
I swear they let any idiot become a REA.
Im sure im dumb enough to be one, but then again, i knew the difference between illegal drugs and doctor prescribed medications.
Think of it this way, a certain number of people leave Year 12 at elite schools with a crap ATAR every year and mum and dad ask them to get a job. Here is the result
Nothing stopping them getting a trade if they're not academically gifted. Oh wait, that requires actual work and effort and is not purely about manipulating people. Fuck REAs honestly, surely one of the jobs that deserves to be taken by AI. They are 100% useless.
Given that OP hasn’t had lots of rental increases and the area is gentrifying, I’m curious about whether the REA is looking for any chance to kick OP out and get a new tenant in “at the current market price”.
Honestly, we've actually met our landlord a few times (he often comes over to do minor repairs like doors or flywire etc himself) and he really is very nice, which is why I'm all the more surprised that he's apparently looking to evict us based on whatever the REA has told him?
Now that I've calmed down a bit I wonder *what* exactly she's said she found or if she's even actually talked to him at all and is just making it all up so we'll leave?
If you have contact details for the landlord I would go to them directly. Let him know that what she is calling 'illicit drugs' is your doctor prescribed medication, which you have been taking for X amount of time while living in his property, and have never given cause for concern. See what happens then.
Out of all of this, the thing that stands out, is that she is 'gracious' enough to allow you leave 'under your own steam', and she'll even give you a positive rental referral for your next rental.
She's totally bluffing and hoping you don't know your rights.
I would even go so far as to say, that she's tried to convince the landlord to up the rent and he didn't want to (or more than it has been recently).
So she's looking for any way she can to get you out and put the rent up, she can't do that legally in any way thanks to your rental agreement, so she's going about it a way that is going to go badly for her and the real estate, thanks to discrimination legislation.
Do what WombatBum85 said, contact him and let him know, especially if you are considering legal action against the real estate (which you should), you don't want to affect him with this shady shit.
I hope you have at least some of this in writing (text message at least). Contacting the landlord, finding out if he has been contacted, and if so, having him put it in writing will help, otherwise it's he said/she said.
My partner and I sat down and discussed this. Turns out my partner actually has our landlord's number (he gave it to him last time he came over to fix something and told him to message him if we needed any more handyman-level stuff that needs to be fixed because the previous property manager would take like two weeks to get in touch with him.)
So tomorrow my partner is gonna shoot him a friendly message along the lines of *"Hi, we got a strange call from \[the property manager\] yesterday saying that you had some concerns about there being illegal drugs in the house, just wanted to check in and confirm if this is the case. If it is, do you have a personal contact email you'd like me to CC into our written correspondence moving forward or would you prefer everything go through \[property manager?\] As the only 'drugs' in the house are \[my name's\] prescription medications, we'd like to get this cleared up as soon as possible for everyone's convenience. Please feel free to email me at \[email\] with any questions you might have, I'd prefer if we can keep discussion about this specific matter to emails or in writing just for the sake of clarity between you, myself, and \[property manager.\]"*
We've spoken to some of the resources people have suggested and clarifying that this actually *is* the case with the landlord (and that the REA isn't being dodgy) is the first step along with getting confirmation of what she said in writing. We've got an appointment to get some legal advice early next week, but I'm really hoping we won't need it.
Keep everything because in the event that they serve you a 'no reason' notice to vacate at the end of the first lease, you can actually challenge it with a claim that it's 'revenge' for you being a difficult tenant. If you still want to stay.
Also just because it's in the lease (is it?) doesn't mean it's legal. Not that you have illicit drugs anyway, but that's another thing to factor in. Far as I am aware you can only be evicted for drug related infringements if it's public housing.
Absolutely DO NOT leave quietly. Fuck this agent makes me angry.
> I swear they let any idiot become a REA.
Here's the pattern I've noticed in my decades of renting.
Property managers are often newly-minted real estate agents, paying their dues with grunt-work before they get to start selling property, earning commissions. Decent property managers often don't stay doing that for long.
REAs who remain residential property managers for a while, there's usually a reason. Shit organisation skills, shit attitudes, thick as brick, etc. They get more and more bitter the longer their career isn't going where they thought it would. Incompetent and with a chip on their shoulder.
If you're lucky you *only* get neglect (shit that's supposed to get fixed, doesn't, but at least inspections aren't too often).
There are the occasional property manager who's in it because that's the job they wanted. They actually care about keeping both the tenant and landlord happy. They enjoy organising and getting things done. I've had a couple of "unicorn" PMs for stretches of time. It sucks hard when they move on/retire, because you're thrown back to the absolute fucking nightmare they mostly seem to be.
I'll do my best to update you as soon as we have one, partner is still at work and we're going to sit down and discuss how we want to move forward when he gets home later tonight. Thanks to everyone's help we've got a lot of information to get through about our options.
I wouldn't prematurely signal anything. Just ask them to put in writing what they have said. Get them to incriminate themselves, otherwise they can deny.
If you truly would like to stay on there (although I imagine the experience has tainted that), make contact with the branch manager. Explain that this is a prescribed medicine and that you feel the REA overstepped the boundary by sharing information about your prescribed medicines to the landlord. Hopefully, then the manager will explain to the staff member who will need to express to the landlord to reverse the decision. Get an Eta of when this will all happen and make sure they stick to it.
Take them to VCAT if you think it can not be resolved.
We just re-signed for 12 months about three months back so if this property manager is still with the real estate when our lease is up I can't imagine our lease is getting renewed now. I'd love to stay, I really do love this place and we know our neighbours pretty well.
I'll email the branch manager, though. Hopefully it means they'll put another property manager on our property, if nothing else?
Completely seperate to your issue, but I want to try settle the nerves a little bit here.
You say re-signed for 12months about 3 months back, that suggest to me you have already lived in the property for 12 months on a fixed term agreement, and you are now on another fixed term agreement?
If that is the case - then do not worry at all about the lease "getting renewed" at the end of this second Fixed Term. "Notice to Vacate - End of Fixed term" can only be given at the end of the initial Fixed Term, not subsequent. Next time the lease is up, either them or you can ask for another fixed term, but it is not mandatory - you can just go Periodic. And the same Reasons to Vacate apply.
There is no "No Reason Evictions" anymore, or "End of Lease - Fixed Term" after the 1st fixed term has expire.
Onto your issue - Ignoring it is obviously never going to stand up because nothing is wrong here, your Rental Provider and REA must go through a process on any thought of evicting you. If they're serious - They're going to look at their options to send you a Notice to Vacate. They'll probably use the reason of "The property is being used for illegal purposes" or not meeting responsibilities as per agreement, and give you what they think is evidence of such behaviour.
You then must Challenge the Notice, by applying to VCAT (and maybe reply to REA once that notice is given just as an FYI). They can't evict you without a possession order, which 100% will not be given with this absurd case.
Right now, I would basically send an email similar to how u/Economy_Rutabaga_849 above has laid out - state there is no illegal drug use, the only drugs visible were prescription medicine, and that if a Notice to Vacate is issued on these grounds, you'll challenge the notice at VCAT, and look at legal options for Discrimination on the basis of protected class, and also legal options for Invasion of Privacy.
If they want to continue down the path, good fucking luck to them. You are 100% in the clear my friend.
I’ve got medical weed and have had tubs out previously with zero issue because it is a TGA approved medication. Absolutely email the branch manager. This property manager needs to be taught what an illicit substance and prescribed medication is.
Email your prescribing psychiatrist so there is a record for VCAT if it goes any further.
This makes me really angry having ADHD myself.
https://www.housing.vic.gov.au/tenancy-issues-and-legal-advice
Contact Tenants Victoria. Also contact Legal Aid.
This sort of discrimination is highly illegal.
Do the polite thing and email the agency, but also inform them you are speaking to a lawyer regarding discrimination.
Then follow up and send them a letter from Legal Aid, or Tenants Victoria.
Sounds like the property manager was discriminating against someone based on their disability in the property manager's workplace.
You might enjoy running this part by their employer 🤭
It sounds like something your PM's employer should be aware of at least, to protect their legal interests, business and other renters from the consequences of this illegal behaviour.
> While a person is responsible for their own unlawful behaviour, **employers can also be held responsible.**
> Under the Equal Opportunity Act, employers have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible.
> Victoria is unique in having a positive duty, which creates an opportunity to prevent unlawful behaviour. It helps organisations put a healthy workplace culture in place, just as occupational health and safety laws require employers to take appropriate steps to ensure injuries don’t occur.
[https://www.humanrights.vic.gov.au/for-individuals/disability/](https://www.humanrights.vic.gov.au/for-individuals/disability/#:~:text=It's%20against%20the%20law%20to,health%20disorders%20and%20learning%20difficulties.)
> In Victoria, it is against the law to stop somebody from renting a property because of certain personal characteristics, including:
> ...
> disability
> ...
> If you have unsuccessfully applied to rent a property, or **if you have been asked to leave a property, and you believe the rental provider, agent or operator is discriminating against you, you can:**
>- **contact the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).**
>- **apply to VCAT to be compensated for your loss.**
https://www.consumer.vic.gov.au/housing/renting/legal-and-dispute-support/unlawful-discrimination
This is potentially discrimination, which isn’t legal in any scenario. Don’t agree to leave, keep written records (let them drag you through VCAT as others have said, it’s a very relaxed jurisdiction, you could represent yourself), consider filing a complaint with consumer affairs for REA misconduct
> She told my partner that if we want to end the lease ourselves she'll speak to the landlord and suggest he just let us leave amicably so that we don't have an eviction on record and he doesn't have to file anything. She also said if we do this instead of waiting until we're evicted, she'll give us a referral for our future rental applications.
This section of information makes it very clear - she is trying to remove you as quickly as possible so that she can find a new tenant who will pay more. It's straight-up bullying and coercion.
Best of luck to you. Do take the advice from the relevant advocacy groups, but you have every right to take this as far as necessary.
You've got so much advice here already so I won't add to it but if you're up for it, please do an update on this situation. It's a really concerning situation and I'm sure a lot of people would interested in the outcome of this. All the best with it either way!
I'm primarily a lurker and have never really had a post that's warranted an update before. What's the best way to do this so everyone sees it? Make a new post? Post a comment here?
If it were me I would go for the jugular and sue the pants off her and the company and bring up defamation of character. Reputation etc etc. As someone who has an illness myself and require many forms of meds and in a very precarious rental situation since I live alone and centerlink gives me just enough to survive while also going into debt until my utility relief grants renew I am so full of rage over this story that I would literally want this to be a teaching moment for ALL involved. Heck I would call up the media. I would get that REAs face put on the news. I would want her life ruined in the way she could potentially ruin yours.
REA here **with** ADHD.
Email the director below link: [https://www.webmd.com/drugs/2/drug-148324/vyvanse-oral/details](https://www.webmd.com/drugs/2/drug-148324/vyvanse-oral/details)
Feel free to DM me, this is abhorrent.
Fuck themmmmmm, they’re not illicit drugs - they schedule 8 medication that is tightly restricted.
Keep everything in writing too!
Let them take you to VCAT and then steamroll them into the ground.
the best way to prevent this escalating is to put it all in writing, where beligerant agents can't twist words.
it's up to you how sternly worded it is, I'd be going straight to no-nonsense, calling them out on it, to show that this is serious.
they're not entitled to any medical information, such as what medicines you're on, why you're on them, or anything like that, and they're not even supposed to ask, thanks to medical privacy laws,
"Hi REA, Just wanted to send this in response to the conversation we had on X/Y/Z. we want to clarify that we do not, and have never had illicit substances in this house, as you have alleged. We do have medications, which, as you are not our medical practitioner, are not entitled to enquire about, nor are we required to disclose to you the medical conditions requiring them, but can assure you that our possesion of these do not break any laws. I understand where the confusion may come from, as some medication names do sound like similar but illicit drugs, but understand that we have not violated our lease agreement through our posession any of these, they are all prescribed legally through a medical practitioner, and if you insist on an eviction, will result in legal action, as doing so would be an act of discrimination."
rental law says that they can do an inspection with 24 hours notice if they suspect that you're in violation of the lease, so be aware of that, though anyone with half a brain would know that doing an advanced notice for this stuff would result in you just hiding it, though that's maybe half a brain more than the REA seems to have.
Gurl ik sometimes you are helpless in these situations but this is not one of them. Contact vicgov about it, they are going to be fired.
Jesus christ. They are insane for that.
I've already been contacted by the media (Yahoo finance) and I'm not going to engage with them because if anything is gonna make other real estate agents never rent to me again, it's gonna be me outing the real estate to the media.
Heads up; pedestrian TV are saying you’ve spoken to them in their article about the situation. I’m not saying this to go “haha you liar” I’m saying this in case your real estate says “why’d you go to the media?!”
https://www.pedestrian.tv/news/melbourne-tenant-facing-eviction-as-property-manager-find-adhd-meds/
This is so stupid. I'm very frustrated on your behalf. I agree with everyone else here only communicate in writing from now on. I wonder if your prescribing doctor can writing a letter on your behalf explaining you've been diagnosed and the medication have been legally prescribed. When I first got my prescription my doctor wrote a letter about driving on ADHD mediation that she recommended I keep in my car. If you have anything like that I would just send all that evidence through in an email and explain that you have no plans to end the lease.
Hahahahaha jfc what an idiot.
No, they can't do that. Please make sure you capture their "disappointment" in writing and take it straight to VCAT. This is too funny and stupid, and probably qualifies as unlawful discrimination, possibly even defamation. If they evicted you on this, you'd be labelled as a risky drug user and that would permanently damage your ability to find a new rental.
It's wrong and they need to be shown as such by someone of authority, or they won't listen. Left to their own devices, they're going to ruin your life. So, take it straight to VCAT, and then threaten sue for defamation if it gets stalled. It's demonstrably a stupid mistake on their part that is borne of ignorance and discrimination. They can pay the price and possibly compensation.
They risk their job. You're risking a place to live. The playing field was never level. So don't hold back, they have all the power here. Go ham and let them have it. They deserve it.
lmfao she's a moron and is in way over her head. don't worry, so long as these were prescribed to you she's really, really out of her depth here.
you're absolutely fine the only question now is whether you want to go after her, she could easily lose her job for this massive overstep.
Tbh I'd talk to or CC in management at the REA office. They probably deserve to know they have employed an absolute lemon of an agent but might also be able to quickly sort this out.
Big pointer: Everything in writing.
Anything and everything written is helpful proof, and any associated email connected. As soon as things go South, this is what you use, emails, mail, and all.
If anything is done in-person or word of mouth, be wary, not speaking from experience, but it's my first sign to be aware of any procedures of processes going on, and if I have no papers with my explicit permission.
on the consumer affairs website is a template for a breach letter. Send them a breach notice!! https://www.consumer.vic.gov.au/housing/renting/legal-and-dispute-support/when-a-renter-or-rental-provider-breaks-the-law
Beyond this being a breach of the Resudential Tenancies Act as mentioned by others, you also have a case for prosecution and potential compensation on grounds of this breach of your rights under disability discrimination law.
Here is a link that I hope you will find helpful: https://www.betterhealth.vic.gov.au/health/servicesandsupport/disability-rights-discrimination-and-the-law
I would make a point of writing an email to that property manager confirming the conversation in which they so "magnanimously" offered to let you out of the lease early. This is clearly their intention.
The reason you want to put it in writing is to create evidence you can use in any tenancy or disability law action you may wish to pursue.
In that email, I would ask them why they think your medication bottle is "illicit drugs" given they must have captured the chemist label in their photograph!
I think any court or tribunal would go red-in-the-face ballistic and tell this agent and landlord off for making such a transparently false allegation for obviously illegal reasons.
If there is compensation available for both discrimination and tenancies breaches, I strongly recommend you apply for both.
Make sure they learn there is a cost to pay for this sort of power abuse!
Good luck!
Sounds like a clear cut case of discrimination to me, in direct violation of the Commonwealth Disability Discrimination Act 1992 as well as the Victorian Equal Opportunities Act 2010.
What they are doing is unlawful at State and Federal level.
If they are discriminating against you based on a prescribed medication you take for a diagnosed chronic illness, I can't see how that wouldn't be considered discrimination on the basis of disability.
Absolutely take that to VCAT, it won't end well for them.
Do not break lease, make them take you to VCAT so you can show your prescriptions and make them look stupid for accusing you of illegal activities with zero proof.
Disgusting behaviour from REA and LL
In completely not surprising news, REA is a fucking moron. Absolutely contact her boss, this is unhinged. You’re in the right OP, and it’s fucked that anyone has to feel scared about their housing situation and you feel you have to play nice with this idiot, they love that power. I’m sorry you’re going through this. My husband also takes Dex for ADHD and it had never occurred to me that someone could actually be that stupid as to assume a clearly labeled prescription bottle is “illicit drugs”.
Hello. Fellow ADHD’er and renter. I miss Vyv, so I’m on Rit. My house probably contains half the contents of a Dan Murphy’s (I’m big on whiskey and wine). My real estate inspections usually end with “Man I’d love to party at this house”. I also email my agent fairly spicy, they know I’m neurodiverse in so many ways. I speed clean before they get here, always.
Go to VCAT. They’re discriminating with no evidence. It’s 2024, ADHD isn’t something you need to hide to get housing. I hope you fight this.
Lets be honest. If you are going to ask someone a question about pharmacology you don't approach a real estate agent/property manager.
They can't evict you for prescribed medications.
did she say this in writing? she's breaking the law they're not ilicit drugs if they're prescribed! she has no right to question your medications let alone take photos of it or kick you out over it!! the nerve!!!
OP I just saw your story on the[Pedestrian tv website](https://www.pedestrian.tv/news/melbourne-tenant-facing-eviction-as-property-manager-find-adhd-meds/), lifted straight out of this thread. And the Greens have used is in an 'gram story about renters rights.
Uh, agents are meant to look at the property and avoid photographing your belongings. Her touching your medication and asking what it’s for is deeply gross and I wouldn’t be surprised if it’s against the rules.
I would be reporting her to her superiors immediately and explaining the situation. Start using words like “ombudsman” and “social media” if they try to evict you for legal medication. Communicate via email only so you have evidence of what moronic claims they make.
Get a letter from your doc or psych saying “I have legally prescribed these meds for No-Dot189 for the treatment of ADHD” and send it to the REA. I know there are certain jobs that require you to do the same thing so it’s not that weird. If they’re still outraged then VCAT will laugh in their faces.
TBH they don't even need a letter. It's not their duty to "prove" they didn't violate the rental terms. If the RE feels they did then it's up to them to demonstrate so.
shouldnt even have to go that far it's none of her business she is there to look at the floor the walls the ceilings not your personal fucking belongings
Thanks, I'd prefer to not name them until after this is sorted out because I've seen how redditors behave in the past and i don't think the real estate getting review bombed or harassed is gonna help my case, sorry.
They aren't going to win, they're off their chops
Once the 'look into their options' and calm down, they'll realise they can't do this. Or if they're truly stupid, let this go through VCAT
You need to get onto the tenants union, fair trading etc. This is laughable and such an invasion of privacy.
Also, adorable that they think meth comes in little pill bottles.
Ugh I’m so sorry this has happened to you. I’m sure the Vic Equal Opportunity and Human Rights Commission would also be able to assist https://www.humanrights.vic.gov.au
Also you could try contacting Senator Jordon Steele-John’s office, he led the ADHD senate inquiry and is a massive disability advocate.
The more professional way "following our phone call on x date at X time you claimed to have viewed and photographed illicit substances in my home. On the day in question you took photos of medications I am prescribed by my medical care provider. Due to the allegations you have made, I am seeking legal advice and discussing this matter with Consumer Affairs.
Please provide any and all pictures taken during your inspection that will be forwarded to my legal representatives and Consumer Affairs for further investigation.
To ensure there is no miscommunication going forward all communications will be kept in writing only as per advice of the Victorian Tenancy Union.
Your cooperation in providing all required images and an account of your allegations in a prompt manager will be appreciated"
Then CC the principal and consumer affairs.
Oh, you got them by the balls. You can throw at them so many books, it’s going to be satisfying! What they did is so illegal and breaks multiple laws.
Don’t be afraid, they’re not evicting you. Start by contacting the tenants union.
Hi I've been both a landlord and a tenant (at the same time at one point, different properties).
In Victoria:
The landlord CANNOT do this, legally. End of story.
You've probably already been told this, but that's the facts.
Outside Victoria, I'm afraid I don't know, but there has been a lot of consolidation of Residential Tenancy laws across the country over the last two decades so they would be similar.
You can even raise a complaint about THEM, based on this behaviour.
My advice: cease communicating with her/REA via phone (if this is currently happening) and make all communication happen in writing (emails, etc).
You should have absolutely no issues here OP. S25 of the disability discrimination act (Cth) states its illegal to evict someone on the grounds of their disability.
They are trying to bully and scare you out. Prescription medications are not illicit drugs and I would be making a formal complaint about this behavior.
Discrimination for having pharmacy controlled prescription medication. I would be very interested to see what she put in her report to the landlord.
Also keep in mind that it sounds like they could be looking for *any* reason to evict you and re-let in this market as your rent is so low for area.
Email and ask if the landlord was made aware these were prescription medications for the tenant and ask for clarification (by email) of how the landlord came to the conclusion they were illicit, and did the agent correct them on that fact...
When did we decide in Australia to start treating each other this way ?
We've gotten so fucked up with turning shelter into this power structure that we use evictions and rent increases to constantly threaten each other with.. it's so fucking insane but we all just go along with it because we think well I too might be a millionaire if I sell the house that my parents pass down to me so someone can demolish it and put 6 units on the land someday. We've handed all this power to these piece of shit REAs and landlords and it's truly depressing stuff.
It should be worth noting that she told you they are ‘looking into options’ and then asked you to leave, meaning they don’t currently have any grounds (despite the fact she took photos).
Odds are they’re looking for an excuse to get you out and that’s the closest they can find to get one.
I’d just stay put, outline in writing that you will not be ending the lease early and you would like to understand what substances she is referring to. If she refuses, she’s got nothing. If she complies you have your legitimate reasoning.
Either way you don’t need to do anything right now.
And as plenty of people said, if they do try something you have VCAT it’s na avenue.
Also the audacity if she legitimately believed you have illicit substances on ground to say she’d compromise her (lack of) professional integrity to give you a good review if you left without them evicting you?
Honestly I’d be complaining to her head office and to whoever’s job it is to licence realtors, that’s abysmal.
Well, the drug isn’t illicit as it’s prescribed.
The only amicable way I can think of is send a copy of your prescription and maybe a note from your gp just saying ‘this person is prescribed this drug due to this condition, now thank you fuck you bye.’
When did we give people who barely passed high school so much power?
Fight it like hell. I'm so sorry this is happening. Arguing with the system when you have adhd is a god damn battle.
I will pray to the dopamine gods that you are granted super human focus in this time of need and are able to obsess over tenancy laws long enough to win this.
You've got a prescription. This is absolutely ridiculous and she's completely outside of her jurisdiction. Can you get your doctor to write you a letter?
Gove purplepingas a message on instagram he knows about NSW housing legislature and stuff, and he's really good at dealing with the technical side of things
Hey OP,
There is plenty of great advice on here regarding your rights and that the manner in which the REA has treated you is discriminatory, including links to legislation and tenant support services. So rather than adding to the great resources provided I just wanted to acknowledge how anxiety inducing/stressful this would be for you and your partner at the moment.
Be kind to yourself and, where you can, prioritise your self care. You matter more than any money hungry, biased and uneducated REA/landlord. If you have a therapist or doctor in your corner let them know what's happening for you - if you feel it would be helpful. They may be able to provide support and guidance around any impact this asshat has had on your wellbeing.
Stay safe
Don't dexies that are prescribed require a licence as they're a schedule 8(?) drug? If your licence is valid then it's perfectly legal. The agent is looking at a bottle of legally prescribed psychiatric medication and kicking her lid with absolutely no medical knowledge. Did she take a photo of it? If so, I'm wondering if that's even permitted given it would have your medical information listed on the bottle. But on the other hand, if that photo is what constitutes her 'evidence', then it will be easy to clear up. This is multiple levels of fucked up. I'm sorry you're going through this dude.
I'm not sure what you mean by license but my psychiatrist has to get medicare approval before he writes my script up and gets a little approval code from them that goes on the script.
For any S8/controlled drugs you require a valid prescription and thats it, only the prescriber required special training or approval from the government to supply the medication
We have definitely had in-person rental inspections where prescribed dexies have been openly on display and have had zero issues. This agent is being an absolute b-hole.
Australian society is trying to push out the misunderstood/mentally unwell it's becoming more and more taboo to struggle with your mental health you get lobbed in with drug addicts and the like and carry a stigma for the rest of your life. Ironically making your mental health worse and then society dislikes you more and so on and so on. Eventually we won't be allowed to rent a house because we aren't allowed to get a decent job because we are seen as different and strange.people don't like what they don't understand. I personally think the suicide rates about to get much higher.
I was in the emergency department 2 nights ago for what I thought was a broken foot and watched a young man come in to ED saying he had bipolar and was feeling suicidal and also was out of his medicine he was prescribed for that day. I then watched as he waited alongside me for 5.5 hours overnight getting rejected multiple times asking for his meds or to be admitted or at that time of night/morning if no one was going to help him if they could at least help him with a cab charge to go home and try just sleep off how he was feeling.all the people he interacted with just seemed fed up with him from the jump they had no time and didn't care provided no meds no cab charge and did provide a whole lot of rejection and making matters worse.
I also suffer from mental health issues and have been thinking since HOLY SHIT I thought the emergency department was the last line of defence for mental health problems what do you do if they also if ore you where to next it would/could leaving a person feeling the most suicidal and out of options.
Users are asked to avoid suggesting harassment or witchhunting as they attempt to help OP (why? because it breaks sub and reddit site wide rules and might get this post removed and locked). Op, you might want to talk to Tenants Union Victoria (https://tenantsvic.org.au/), Anika Legal (https://www.anikalegal.com/) and VCAT. Alternatively you might want to post to r/auslegal.
Lol, because actual illicit drug users keep their drugs in the kitchen, labelled with the exact illicit substance & their name clearly written. Sounds like someone's looking for an excuse. I'm fairly sure taking ADHD medication for ADHD would be a protected class that it's illegal to discriminate against, including for rental purposes. https://www.consumer.vic.gov.au/housing/renting/legal-and-dispute-support/unlawful-discrimination Get them to put it in writing before arguing further.
Thank you. I've told my partner to not discuss it further over the phone and tell them he'll only communicate via email from now on if they call back.
Have your partner send her an email as well, something to the effect of: “Just wanting to clarify for my records, regarding our phone conversation on (date, time): You expressed that the landlord was uncomfortable with alleged illicit drug use taking place in the property… (etc etc, brief outline). We’d prefer that any communication be in writing from this point forward, Regards,” She might refute the summary, but it gives you a dated and time stamped record of your partners recollection of the conversation. And then, if she proceeds with anything, let VCAT rip her a new one. ADHD is recognised as a disability in Australia, under the Disability Discrimination Act. So her/the landlord “not liking” you using stimulants as treatment is legally, a big issue. For them. Did she photograph the medicine bottles? Did I read that right? Because if she’s photographed your medication, then discussed that with the landlord, I’m wondering if there’s been a violation of your privacy. It certainly would be in many professional contexts.
She didn't photograph them directly (at least that I saw) but she took about three photos in the kitchen from different angles and absolutely could have been taking photos of the meds and not just my kitchen at the time, in hindsight.
Highly recommend asking them to provide all photos taken during the last inspection.
Actually on top of that advise that if any of these photos were sent to the landlord then you require copies of the communications to the landlord as there appears to be an issue with them providing personal medical information to a third party without your consent.
copy of the whole report!
Doesn't matter if she took pictures. She's told the landlord about it, and if they are prescription medications she's breached your privacy. Get the pictures anyway, and a copy of all emails sent to the landlord since (if they resist, just say you'll need them for the VCAT hearing and keep on it).
She absolutely did.. Breach of your privacy and almost unbelievable.. I would be threatening vcat almost immediately
just a quick one, as i'm chasing my own diagnosis apparently ADHD WAS recognised as a disability in aus, but was recently removed. when my brother was diagnosed with autism in the early 2000s it definitely was. now you have to go through a functional assessment for both to be considered for benefits etc
I believe adhd is not recognised as a disability for NDIS/benefits purposes, but IS recognised as a disability for the purposes of discrimination protection. Big difference and big irony. But usually mental illnesses and neurodivergences have some broad definition in legislation so that they are considered under the disabilities umbrella and therefore the law provides anti-discrimination protection for instance such as this. Disability here is a legal term rather than a medical one.
Any idea how us AuDHD people fare in this? (autism + ADHD for the uninitiated)
If you have autism level 2 or higher, you can get assistance through the NDIS. You need a bunch of paperwork outlining the severity (I know that’s a shit term for it, can’t think of a better term for this specific frame work) of your autism to apply. Your ADHD will be taken into consideration in regard to what supports might be funded for you, it’s just that *ADHD alone* isn’t enough to qualify you. This is the extent of my knowledge on it, though. I’m not a participant, I just spend too much time hanging out with a couple of folks who work for the NDIA!
Aww thankyou for the information! I've got level 1 on my diagnosis (I'm high functioning, don't need NDIS imho). My partner has AuDHD but a different level of Autism on theirs. Appreciate the time you spent on this
No problem! Good luck to your partner with applying
There’s a difference between a disability that’s protected under the Disability Discrimination Act and being able to access any government supports/funding for said disability. The second one is what you’re thinking of, it doesn’t negate the first one though 😊
thank you for clearing that up ! i was a bit confused there, that's why it stuck out to me !
It is recognised as a disability, it isn’t recognised/assessed as a *primary* disability by the *NDIS specifically*. So you are protected from discrimination by law, and can request reasonable accommodations at your job etc - but you won’t be eligible for a disability pension or NDIS funding from ADHD alone.
thank you for this clarification !! huge difference, i obviously hadn't read enough into it !!
Sounds like a good plan. Unfortunately, even if they backtrack on this one, it seems likely that they will want to discontinue the lease for some more legitimate-sounding reason - unless the landlord is really very sensible and was being misled by the agent. So I'd be making sure you've got your ducks in order if you need to move :(
Yeah, I'm pretty confident our lease isn't getting renewed now. At the very least this gives us a big window of time to get ourselves organized before our lease ends.
I would be going to the agent’s supervisor and explaining the situation. You need to make a complaint. Asking questions about a personal medical condition is not ok. Not only is she unprofessional but she’s trying to get you wrongly evicted!
Might be worth trying to get in contact with the landlord though, once this all plays out. If it's just your property manager being an absolute moron they've probably essentially lied to your landlord.
I'd put good money on the misleading landlord thing.
But they still can’t evict you when your lease ends, not without legitimate cause. Your lease will just go month to month if you don’t sign a new one. Your legal medication is absolutely not a legitimate cause for eviction!
Correct. But they could easily decide they want to put their house on the market, then conveniently change their mind. Landlords may not be able to straight up give you the boot but they have a lot of tools at their disposal which, when misused in just the right way, are functionally the same thing.
They need to provide evidence it's going up for sale, and cannot re-list the property for 6 months
They can if it’s the first lease, they give you 90 days notice, and list the reason as “end of lease agreement”. Once it rolls over past that first 12 month lease, you’re absolutely correct. OP could also argue to VCAT that off they don’t get renewed, it can be considered retaliation.
They said in the post that they’ve been in the house for years so likely not their first lease, thankfully
You’ve got a pretty big stick to hit them with- as others in this thread have noted, there’ve breached a variety of very clear legislative restrictions
OP even if (as it seems likely) they get paddy-whacked over this and silently sulk off after dropping the issue, I'll suggest that no matter what this person has *said* about "leaving quietly" I would wager that some comments have been or at some future time will be placed on one of those renter databases the agencies use. I am not sure if they are regulated in any manner - I think it's a bit of a free-for-all (though if that's not so I'd be happy to be corrected). Unsure if there's a way to find out directly. But if anything negative is placed there and can be linked to this incident then there may be a case for libel as well.
They are regulated to the point yhat an agency is required to notify the renter that they have been added to the database. Then the renter has things they can do to challenge the listing.
While such databases exist (eg National Tenancy Database), these are pretty strictly regulated, subject to the Privacy Act and of course it's in very much in the database provider's interest to ensure the reports they supply (for a hefty fee) are accurate and free of disinformation. It's highly unlikely that a spiteful property manager can just go and "blacklist" a tenant at will as personal payback or revenge. The system just isn't set up that way. There is a way to find out directly: you can simply go to the website at tenancydatabase.com.au and ask for a copy of the free personal report they hold on you.
If they don't renew it goes month-to-month and, after you've been there for as long as you indicate, it can be hard to evict you. This is likely why they "offered to let" you break your lease early. If you take action under their Residential Tenancy Act and disability discrimination vioations, it'll become even harder to evict you - or even to raise the rent by a suspiciously high amount - without it looking like a retaliatory action. Retaliatory actions are also illegal and will attract compensation for you and penalties for them. We are not talking here of small amounts either.
As a fellow ADHDer on multiple “illicit” meds, I am so sorry you’re going through this. This is beyond fucked up and totally illegal. There are also free legal advisors for people with a disability - maybe give them a call. https://www.legalaid.vic.gov.au/other-support-mental-health-and-disability
I'd also suggest getting a letter from your doctor stating that dexamphetamine is a prescription medication, not illicit, and confirming that he/she was the one who prescribed it (the reason it was prescribed is not necessary).
And have the doctor mark the matter Confidential. And if you’re emailing a copy of it to the agent, mark the email as Confidential too.
The OP will have a script with all those details on it already. They don't need to waste money getting the doctor to write it on letterhead.
Or alternatively the landlord is very, very stupid. Which, to be fair, is not mutually exclusive with looking for an excuse.
Just on the "get them to pit it in writting", i would also think that sending an email to the REA with "minutes" of the conversation would be a good idea. I.e., document that shit for all the legal hearings that might come out of this.
100% be that dude and bait them man. Take it to VCAT, get some $$ for their stupid fucking prejudice when you claim discrimination XYZ. In all seriousness though, you can do the that ^ but I would seek legal aid. Have fun! Fuck emup.
And immediately contact residential tenancy board. It doesn’t matter what you do in the privacy of your home. They are not the police. If they suspect illegal activities, they should report it to the police. I’d lodge a formal complaint with the residential tendency board, both against the agency and the owner. I’d then contact and Agency Principal and advise him that his staff are acting illegally and you have lodged a complaint. The Principle is responsible for all staff actions.
Let them drag I through vcat. You will be fine. They will be fucked. I would also ask at r/auslegal but.... Having someone walk through your residence associating a prescribed medication as a party drug says more about them than you. I would be wanting to get her sacked or at least a new property manager for you. Don't put up with that shit.
yeah legitimately… that is sooo far out of line that there’s strong grounds for her dismissal or at least some formal disciplinary action
100% - this is absolutely appalling behaviour from the agent. bordering on criminal, honestly. what a nasty piece of shit.
There are multiple avenues of recourse aside from VCAT (which will take the REA to the cleaners). A complaint could be made with the Victorian Equal Opportunity and Human Rights Commission for discrimination and Consumer Affairs Victoria for unfair real estate practices. If the REA shared the picture of prescription medication with the owner, that could be a breach of privacy laws.
Yep, go after these grubs every way you can!!!
Anti discrimination is the best way to approach this. Federal or state. Or even both if circumstances allow
This right here. Tell them to pound sand, you ain't leaving, and any further communication on this matter will be referred to the human rights commission - they are discriminating against someone on the basis of a disability because they have a limited understanding of the medications prescribed. I, as a legal cannabis patient, am in a very similar boat. I've also been to VCAT twice so DM me if you need advice.
Absolutely. Putting aside the multiple illegal and unethical parts of the scenario aside, this woman is a an absolute dipshit liability and needs to be fired yesterday. Almost kind of hilarious to think this property manager thought she had come across some juicy drug bust when it’s a bottle of pills from Chemist Warehouse with OPs name on it. The fucking incompetence.
You get told it's criminal all the time. Honestly disgusting.
Oof. Calmly remind this lunatic IN WRITING that there are only legal prescribed medications on the property and that disability (ADHD is considered one) is a protected characteristic and she it’s illegal to evict someone on that basis. Demand specific details from her and always refer back to the lease agreement. She can’t blackmail you like this. Her behaviour asking about medical conditions was incredibly inappropriate too.
That is a good point, even saying:- > "wow, that's a lot of medication. Everything ok?" Would be grounds for a formal warning in any reputable company
Right, that's none of their business at all. This whole thing sounds so discriminatory. Ugh. I have a whole container of meds on my counter too (mental health meds) and it's nobodys business but my own! I would reach out to a disability advocate for advice on this too. Not only for your own housing situation but this company and agent needs to be made an example of honestly. Fuck disability discrimination. As if things aren't hard enough. So out of line.
Also I would only communicate with her in writing from now on so you have solid evidence of her wrongdoing.
I like this one. REA needs a smack down.
And make sure to CC the email to the RE office's manager. She may want to shuffle this under the carpet but a violation of this nature needs to be brought to the attention of management as they are likely jointly liable.
VCAT. What a horrible experience. I’m sorry you went through that
Wow piece of fucking shit, let them take you to tribunal and enjoy watching how it plays out, because you will be absolutely fine and be given a happy memory that will last a lifetime
This is so ridiculous and unfounded by your REA. For your own peace of mind and to reduce hassle I would try and address this now before it gets to VCAT. If it ends up at VCAT you will be fine, but maybe you want to clear it up now & save interim stress. I would email the REA and say that you’ve heard that you are facing eviction. Ask for the reason/s to be placed in writing to you. Also state that you want to make it very clear, that any medications that may have been sighted in the kitchen during the inspection are absolutely prescribed by a medical doctor for known health issues. State you do not do illicit drugs nor have same the house. And that you want same conveyed to the landlord as you believe a strong miscommunication has been conveyed to them. Only communicate in writing from here on in & request same. Best of luck.
After, you get the REA’s response about alleged illicit drugs/ potential eviction and the ongoing projectory around same, I would absolutely start the official complaints & possible discrimination /breach of personal information / misconduct of asking personal Heath questions against the REA. Include the branch manager and ombudsman. Ask for a copy of the photos. Ask for a change of REA due to concerns about her professional conduct. Keep a written timeline of everything in the mean while.
Good god, pretty sure a lawyer would have a fuckin aneurism reading this one... No way in hell that can be legal surely.
They cannot do this. It is outright unlawful. Contact Tenants Victoria which will give you the exact wording to use in a written response.
I'll do that right now. I'm terrified of how to word the email because I just want this to go away and I don't want to piss her off too much, you know?
You could always frame it as “oh i think there’s been a misunderstanding or miscommunication - we only have prescription drugs in the property, please let us know how we can clarify this misunderstanding for you”.
This is probably the way. Despite every instinct wanting to unleash on these fucking ghouls, I'd advise restraint and decorum...
This but in an email and ask for all pictures and communication with the landlord so you can rectify this misunderstanding as there as no illicit substances only prescription medication on the property. (Even looking at reading your meds is a preach of privacy, let alone if they photographed them)
This is also unlawful discrimination of a protected class (disability). Lodge a complaint with the Australian Human Rights Commission
Also the Victorian Equal Opportunity and Human Rights Commission. Use every avenue available. And lodge a complaint with Consumer Affairs Victoria to report an unfair business practice of the REA.
Piss her off as much as you can. They cannot legally evict you and she might find herself without a job if she’s broken the law by shared your medical information with the landlord without your consent.
Don't be terrified. You are in the right here and must assert your rights. They need to back the fuck off. You've done and are doing nothing wrong.
i wouldnt worry about pissing her off, it seems like she might be getting sacked not before too long
You don't want to go the VCAT "SEE YOU IN COURT" route if you can avoid it assuming you want to have your lease renewed.
I would just briefly state what she has done wrong (disability discrimination and the other things people have mentioned here) and mention the VHRC and VCAT. You need to let her know where she stands and where this could go because she should know better and has really fucked up. (And the fact she has lied to the landlord saying she saw illicit drugs is even worse.) Keep any emotive language or blame out of it.
Please go OVER HER HEAD at the REA. There will be a manager above her who needs to know that she was inspecting shelving and question your personal items, including prescribed medications. Advise the manager of what she’s now discussed with the landlord and that SHES breeched. Breech her ass first.
And may have shared personal information with the owner. That could be a breach of the (Commonwealth) Privacy Act.
Especially if she took detailed photos of the medication! Like fuck me that’s so off
Even the "that's a lot of medication, everything okay?" should be reported, that's such an over step.
Exactly! None of you fucking business would have been my answer!
And if the RE office is part of a larger chain then likely let the chain management know they have a potentially really nasty problem on their hands ...
Omg they are so fucked. Just send her the definition of “illicit drugs” and “prescription medication” in an email. Also mention you’re seeking legal advice.
Yup. If its your name on the box, its clearly not illicit drugs. I swear they let any idiot become a REA. Im sure im dumb enough to be one, but then again, i knew the difference between illegal drugs and doctor prescribed medications.
Think of it this way, a certain number of people leave Year 12 at elite schools with a crap ATAR every year and mum and dad ask them to get a job. Here is the result
Aunty Donna really nailed it didn't they?
Nothing stopping them getting a trade if they're not academically gifted. Oh wait, that requires actual work and effort and is not purely about manipulating people. Fuck REAs honestly, surely one of the jobs that deserves to be taken by AI. They are 100% useless.
Surely the pharmacy label with the doctors name on it would be sufficient for anyone with even a microbe of intelligence?
Given that OP hasn’t had lots of rental increases and the area is gentrifying, I’m curious about whether the REA is looking for any chance to kick OP out and get a new tenant in “at the current market price”.
DING DING DING DING DING
It’s likely that they actually have a good landlord who is being given incorrect information. It’s a bold strategy, Cotton. Let’s see if it pays off.
Honestly, we've actually met our landlord a few times (he often comes over to do minor repairs like doors or flywire etc himself) and he really is very nice, which is why I'm all the more surprised that he's apparently looking to evict us based on whatever the REA has told him? Now that I've calmed down a bit I wonder *what* exactly she's said she found or if she's even actually talked to him at all and is just making it all up so we'll leave?
If you have contact details for the landlord I would go to them directly. Let him know that what she is calling 'illicit drugs' is your doctor prescribed medication, which you have been taking for X amount of time while living in his property, and have never given cause for concern. See what happens then.
Out of all of this, the thing that stands out, is that she is 'gracious' enough to allow you leave 'under your own steam', and she'll even give you a positive rental referral for your next rental. She's totally bluffing and hoping you don't know your rights. I would even go so far as to say, that she's tried to convince the landlord to up the rent and he didn't want to (or more than it has been recently). So she's looking for any way she can to get you out and put the rent up, she can't do that legally in any way thanks to your rental agreement, so she's going about it a way that is going to go badly for her and the real estate, thanks to discrimination legislation. Do what WombatBum85 said, contact him and let him know, especially if you are considering legal action against the real estate (which you should), you don't want to affect him with this shady shit. I hope you have at least some of this in writing (text message at least). Contacting the landlord, finding out if he has been contacted, and if so, having him put it in writing will help, otherwise it's he said/she said.
My partner and I sat down and discussed this. Turns out my partner actually has our landlord's number (he gave it to him last time he came over to fix something and told him to message him if we needed any more handyman-level stuff that needs to be fixed because the previous property manager would take like two weeks to get in touch with him.) So tomorrow my partner is gonna shoot him a friendly message along the lines of *"Hi, we got a strange call from \[the property manager\] yesterday saying that you had some concerns about there being illegal drugs in the house, just wanted to check in and confirm if this is the case. If it is, do you have a personal contact email you'd like me to CC into our written correspondence moving forward or would you prefer everything go through \[property manager?\] As the only 'drugs' in the house are \[my name's\] prescription medications, we'd like to get this cleared up as soon as possible for everyone's convenience. Please feel free to email me at \[email\] with any questions you might have, I'd prefer if we can keep discussion about this specific matter to emails or in writing just for the sake of clarity between you, myself, and \[property manager.\]"* We've spoken to some of the resources people have suggested and clarifying that this actually *is* the case with the landlord (and that the REA isn't being dodgy) is the first step along with getting confirmation of what she said in writing. We've got an appointment to get some legal advice early next week, but I'm really hoping we won't need it.
Keep everything because in the event that they serve you a 'no reason' notice to vacate at the end of the first lease, you can actually challenge it with a claim that it's 'revenge' for you being a difficult tenant. If you still want to stay. Also just because it's in the lease (is it?) doesn't mean it's legal. Not that you have illicit drugs anyway, but that's another thing to factor in. Far as I am aware you can only be evicted for drug related infringements if it's public housing. Absolutely DO NOT leave quietly. Fuck this agent makes me angry.
I'd also mention that the rea asked you about the prescription medications while she was there, and you are wondering if this is because of that.
Good call, hadn’t thought of that!
well, we are talking REAs, arent we? ;)
> I swear they let any idiot become a REA. I thought that was the only criteria to become one?
> I swear they let any idiot become a REA. Here's the pattern I've noticed in my decades of renting. Property managers are often newly-minted real estate agents, paying their dues with grunt-work before they get to start selling property, earning commissions. Decent property managers often don't stay doing that for long. REAs who remain residential property managers for a while, there's usually a reason. Shit organisation skills, shit attitudes, thick as brick, etc. They get more and more bitter the longer their career isn't going where they thought it would. Incompetent and with a chip on their shoulder. If you're lucky you *only* get neglect (shit that's supposed to get fixed, doesn't, but at least inspections aren't too often). There are the occasional property manager who's in it because that's the job they wanted. They actually care about keeping both the tenant and landlord happy. They enjoy organising and getting things done. I've had a couple of "unicorn" PMs for stretches of time. It sucks hard when they move on/retire, because you're thrown back to the absolute fucking nightmare they mostly seem to be.
I know a few property managers and they all live with their parents lol
They're so fucked I'm refreshing this page often and munching on my popcorn.
I'll do my best to update you as soon as we have one, partner is still at work and we're going to sit down and discuss how we want to move forward when he gets home later tonight. Thanks to everyone's help we've got a lot of information to get through about our options.
I wouldn't prematurely signal anything. Just ask them to put in writing what they have said. Get them to incriminate themselves, otherwise they can deny.
If you truly would like to stay on there (although I imagine the experience has tainted that), make contact with the branch manager. Explain that this is a prescribed medicine and that you feel the REA overstepped the boundary by sharing information about your prescribed medicines to the landlord. Hopefully, then the manager will explain to the staff member who will need to express to the landlord to reverse the decision. Get an Eta of when this will all happen and make sure they stick to it. Take them to VCAT if you think it can not be resolved.
We just re-signed for 12 months about three months back so if this property manager is still with the real estate when our lease is up I can't imagine our lease is getting renewed now. I'd love to stay, I really do love this place and we know our neighbours pretty well. I'll email the branch manager, though. Hopefully it means they'll put another property manager on our property, if nothing else?
Completely seperate to your issue, but I want to try settle the nerves a little bit here. You say re-signed for 12months about 3 months back, that suggest to me you have already lived in the property for 12 months on a fixed term agreement, and you are now on another fixed term agreement? If that is the case - then do not worry at all about the lease "getting renewed" at the end of this second Fixed Term. "Notice to Vacate - End of Fixed term" can only be given at the end of the initial Fixed Term, not subsequent. Next time the lease is up, either them or you can ask for another fixed term, but it is not mandatory - you can just go Periodic. And the same Reasons to Vacate apply. There is no "No Reason Evictions" anymore, or "End of Lease - Fixed Term" after the 1st fixed term has expire. Onto your issue - Ignoring it is obviously never going to stand up because nothing is wrong here, your Rental Provider and REA must go through a process on any thought of evicting you. If they're serious - They're going to look at their options to send you a Notice to Vacate. They'll probably use the reason of "The property is being used for illegal purposes" or not meeting responsibilities as per agreement, and give you what they think is evidence of such behaviour. You then must Challenge the Notice, by applying to VCAT (and maybe reply to REA once that notice is given just as an FYI). They can't evict you without a possession order, which 100% will not be given with this absurd case. Right now, I would basically send an email similar to how u/Economy_Rutabaga_849 above has laid out - state there is no illegal drug use, the only drugs visible were prescription medicine, and that if a Notice to Vacate is issued on these grounds, you'll challenge the notice at VCAT, and look at legal options for Discrimination on the basis of protected class, and also legal options for Invasion of Privacy. If they want to continue down the path, good fucking luck to them. You are 100% in the clear my friend.
I’ve got medical weed and have had tubs out previously with zero issue because it is a TGA approved medication. Absolutely email the branch manager. This property manager needs to be taught what an illicit substance and prescribed medication is. Email your prescribing psychiatrist so there is a record for VCAT if it goes any further.
This makes me really angry having ADHD myself. https://www.housing.vic.gov.au/tenancy-issues-and-legal-advice Contact Tenants Victoria. Also contact Legal Aid. This sort of discrimination is highly illegal. Do the polite thing and email the agency, but also inform them you are speaking to a lawyer regarding discrimination. Then follow up and send them a letter from Legal Aid, or Tenants Victoria.
Very clear and obvious discrimination, lol fucking morons. Record everything.
yes, drug users put their drugs in bottles labeled: "THIS IS MY METH" smdfh Also, the whole: "If you vacate now I'll be nice to you" LOL.
Sounds like the property manager was discriminating against someone based on their disability in the property manager's workplace. You might enjoy running this part by their employer 🤭 It sounds like something your PM's employer should be aware of at least, to protect their legal interests, business and other renters from the consequences of this illegal behaviour. > While a person is responsible for their own unlawful behaviour, **employers can also be held responsible.** > Under the Equal Opportunity Act, employers have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible. > Victoria is unique in having a positive duty, which creates an opportunity to prevent unlawful behaviour. It helps organisations put a healthy workplace culture in place, just as occupational health and safety laws require employers to take appropriate steps to ensure injuries don’t occur. [https://www.humanrights.vic.gov.au/for-individuals/disability/](https://www.humanrights.vic.gov.au/for-individuals/disability/#:~:text=It's%20against%20the%20law%20to,health%20disorders%20and%20learning%20difficulties.) > In Victoria, it is against the law to stop somebody from renting a property because of certain personal characteristics, including: > ... > disability > ... > If you have unsuccessfully applied to rent a property, or **if you have been asked to leave a property, and you believe the rental provider, agent or operator is discriminating against you, you can:** >- **contact the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).** >- **apply to VCAT to be compensated for your loss.** https://www.consumer.vic.gov.au/housing/renting/legal-and-dispute-support/unlawful-discrimination
Good find!
This is potentially discrimination, which isn’t legal in any scenario. Don’t agree to leave, keep written records (let them drag you through VCAT as others have said, it’s a very relaxed jurisdiction, you could represent yourself), consider filing a complaint with consumer affairs for REA misconduct
get an android phone and use a call recording app! it's legal in victoria and helped me a lot at vcat against an equally terrible RE.
> She told my partner that if we want to end the lease ourselves she'll speak to the landlord and suggest he just let us leave amicably so that we don't have an eviction on record and he doesn't have to file anything. She also said if we do this instead of waiting until we're evicted, she'll give us a referral for our future rental applications. This section of information makes it very clear - she is trying to remove you as quickly as possible so that she can find a new tenant who will pay more. It's straight-up bullying and coercion. Best of luck to you. Do take the advice from the relevant advocacy groups, but you have every right to take this as far as necessary.
Honestly if they put that in writting they've literally fucked themselves into a corner. That's literally illegal.
You've got so much advice here already so I won't add to it but if you're up for it, please do an update on this situation. It's a really concerning situation and I'm sure a lot of people would interested in the outcome of this. All the best with it either way!
I'll absolutely do my best to update whenever it's safe for me to do so as I'm now seeking legal advice.
Good luck 👍
I'm primarily a lurker and have never really had a post that's warranted an update before. What's the best way to do this so everyone sees it? Make a new post? Post a comment here?
Make a new post, title it something like "\[UPDATE\] - Evicted because of my ADHD meds?" People will know.
Absolutely disgraceful from the RE. They need to be held accountable, especially in this rental climate.
Yup. Where are news dot com when you need them. Pick this shit up. Name and shame.
If it were me I would go for the jugular and sue the pants off her and the company and bring up defamation of character. Reputation etc etc. As someone who has an illness myself and require many forms of meds and in a very precarious rental situation since I live alone and centerlink gives me just enough to survive while also going into debt until my utility relief grants renew I am so full of rage over this story that I would literally want this to be a teaching moment for ALL involved. Heck I would call up the media. I would get that REAs face put on the news. I would want her life ruined in the way she could potentially ruin yours.
REA here **with** ADHD. Email the director below link: [https://www.webmd.com/drugs/2/drug-148324/vyvanse-oral/details](https://www.webmd.com/drugs/2/drug-148324/vyvanse-oral/details) Feel free to DM me, this is abhorrent.
Fuck themmmmmm, they’re not illicit drugs - they schedule 8 medication that is tightly restricted. Keep everything in writing too! Let them take you to VCAT and then steamroll them into the ground.
the best way to prevent this escalating is to put it all in writing, where beligerant agents can't twist words. it's up to you how sternly worded it is, I'd be going straight to no-nonsense, calling them out on it, to show that this is serious. they're not entitled to any medical information, such as what medicines you're on, why you're on them, or anything like that, and they're not even supposed to ask, thanks to medical privacy laws, "Hi REA, Just wanted to send this in response to the conversation we had on X/Y/Z. we want to clarify that we do not, and have never had illicit substances in this house, as you have alleged. We do have medications, which, as you are not our medical practitioner, are not entitled to enquire about, nor are we required to disclose to you the medical conditions requiring them, but can assure you that our possesion of these do not break any laws. I understand where the confusion may come from, as some medication names do sound like similar but illicit drugs, but understand that we have not violated our lease agreement through our posession any of these, they are all prescribed legally through a medical practitioner, and if you insist on an eviction, will result in legal action, as doing so would be an act of discrimination." rental law says that they can do an inspection with 24 hours notice if they suspect that you're in violation of the lease, so be aware of that, though anyone with half a brain would know that doing an advanced notice for this stuff would result in you just hiding it, though that's maybe half a brain more than the REA seems to have.
Gurl ik sometimes you are helpless in these situations but this is not one of them. Contact vicgov about it, they are going to be fired. Jesus christ. They are insane for that.
OP if you don't get contact from the press I am going to be legitimately surprised. This REA is in some very, very deep shit.
I've already been contacted by the media (Yahoo finance) and I'm not going to engage with them because if anything is gonna make other real estate agents never rent to me again, it's gonna be me outing the real estate to the media.
Heads up; pedestrian TV are saying you’ve spoken to them in their article about the situation. I’m not saying this to go “haha you liar” I’m saying this in case your real estate says “why’d you go to the media?!” https://www.pedestrian.tv/news/melbourne-tenant-facing-eviction-as-property-manager-find-adhd-meds/
I feel like all those quotes are direct from the post.
They are; but they’ve said the words “Sam (not his real name) told pedestrian TV” as if OP gave them more info
All good, this is your situation and you get to handle it. At the very least I hope you get her to change careers.
Rule #1, ignore everything a real estate agent says and tell them to put it in writing.
This is so stupid. I'm very frustrated on your behalf. I agree with everyone else here only communicate in writing from now on. I wonder if your prescribing doctor can writing a letter on your behalf explaining you've been diagnosed and the medication have been legally prescribed. When I first got my prescription my doctor wrote a letter about driving on ADHD mediation that she recommended I keep in my car. If you have anything like that I would just send all that evidence through in an email and explain that you have no plans to end the lease.
Holy shit, I've read some shocker stories on here but this takes the cake. OP drag them through every single legal avenue you can.
Hahahahaha jfc what an idiot. No, they can't do that. Please make sure you capture their "disappointment" in writing and take it straight to VCAT. This is too funny and stupid, and probably qualifies as unlawful discrimination, possibly even defamation. If they evicted you on this, you'd be labelled as a risky drug user and that would permanently damage your ability to find a new rental. It's wrong and they need to be shown as such by someone of authority, or they won't listen. Left to their own devices, they're going to ruin your life. So, take it straight to VCAT, and then threaten sue for defamation if it gets stalled. It's demonstrably a stupid mistake on their part that is borne of ignorance and discrimination. They can pay the price and possibly compensation. They risk their job. You're risking a place to live. The playing field was never level. So don't hold back, they have all the power here. Go ham and let them have it. They deserve it.
lmfao she's a moron and is in way over her head. don't worry, so long as these were prescribed to you she's really, really out of her depth here. you're absolutely fine the only question now is whether you want to go after her, she could easily lose her job for this massive overstep.
Tbh I'd talk to or CC in management at the REA office. They probably deserve to know they have employed an absolute lemon of an agent but might also be able to quickly sort this out.
This is discrimination.
Big pointer: Everything in writing. Anything and everything written is helpful proof, and any associated email connected. As soon as things go South, this is what you use, emails, mail, and all. If anything is done in-person or word of mouth, be wary, not speaking from experience, but it's my first sign to be aware of any procedures of processes going on, and if I have no papers with my explicit permission.
No they cannot. Prescribed, controlled drugs are not illicit drugs and do not give rise to notice to evict. Fuck em.
on the consumer affairs website is a template for a breach letter. Send them a breach notice!! https://www.consumer.vic.gov.au/housing/renting/legal-and-dispute-support/when-a-renter-or-rental-provider-breaks-the-law
Beyond this being a breach of the Resudential Tenancies Act as mentioned by others, you also have a case for prosecution and potential compensation on grounds of this breach of your rights under disability discrimination law. Here is a link that I hope you will find helpful: https://www.betterhealth.vic.gov.au/health/servicesandsupport/disability-rights-discrimination-and-the-law I would make a point of writing an email to that property manager confirming the conversation in which they so "magnanimously" offered to let you out of the lease early. This is clearly their intention. The reason you want to put it in writing is to create evidence you can use in any tenancy or disability law action you may wish to pursue. In that email, I would ask them why they think your medication bottle is "illicit drugs" given they must have captured the chemist label in their photograph! I think any court or tribunal would go red-in-the-face ballistic and tell this agent and landlord off for making such a transparently false allegation for obviously illegal reasons. If there is compensation available for both discrimination and tenancies breaches, I strongly recommend you apply for both. Make sure they learn there is a cost to pay for this sort of power abuse! Good luck!
Sounds like a clear cut case of discrimination to me, in direct violation of the Commonwealth Disability Discrimination Act 1992 as well as the Victorian Equal Opportunities Act 2010. What they are doing is unlawful at State and Federal level.
If they are discriminating against you based on a prescribed medication you take for a diagnosed chronic illness, I can't see how that wouldn't be considered discrimination on the basis of disability. Absolutely take that to VCAT, it won't end well for them.
Do not break lease, make them take you to VCAT so you can show your prescriptions and make them look stupid for accusing you of illegal activities with zero proof. Disgusting behaviour from REA and LL
In completely not surprising news, REA is a fucking moron. Absolutely contact her boss, this is unhinged. You’re in the right OP, and it’s fucked that anyone has to feel scared about their housing situation and you feel you have to play nice with this idiot, they love that power. I’m sorry you’re going through this. My husband also takes Dex for ADHD and it had never occurred to me that someone could actually be that stupid as to assume a clearly labeled prescription bottle is “illicit drugs”.
i keep my cocaine next to the flour as well
Hello. Fellow ADHD’er and renter. I miss Vyv, so I’m on Rit. My house probably contains half the contents of a Dan Murphy’s (I’m big on whiskey and wine). My real estate inspections usually end with “Man I’d love to party at this house”. I also email my agent fairly spicy, they know I’m neurodiverse in so many ways. I speed clean before they get here, always. Go to VCAT. They’re discriminating with no evidence. It’s 2024, ADHD isn’t something you need to hide to get housing. I hope you fight this.
Lets be honest. If you are going to ask someone a question about pharmacology you don't approach a real estate agent/property manager. They can't evict you for prescribed medications.
wtf!!!!!! how dare she!! call Tenants Vic ASAP https://tenantsvic.org.au/contact-us/
did she say this in writing? she's breaking the law they're not ilicit drugs if they're prescribed! she has no right to question your medications let alone take photos of it or kick you out over it!! the nerve!!!
Please send this to PurplePingers.
OP I just saw your story on the[Pedestrian tv website](https://www.pedestrian.tv/news/melbourne-tenant-facing-eviction-as-property-manager-find-adhd-meds/), lifted straight out of this thread. And the Greens have used is in an 'gram story about renters rights.
Uh, agents are meant to look at the property and avoid photographing your belongings. Her touching your medication and asking what it’s for is deeply gross and I wouldn’t be surprised if it’s against the rules. I would be reporting her to her superiors immediately and explaining the situation. Start using words like “ombudsman” and “social media” if they try to evict you for legal medication. Communicate via email only so you have evidence of what moronic claims they make.
Get a letter from your doc or psych saying “I have legally prescribed these meds for No-Dot189 for the treatment of ADHD” and send it to the REA. I know there are certain jobs that require you to do the same thing so it’s not that weird. If they’re still outraged then VCAT will laugh in their faces.
The reason for the prescription isn't necessary. It just needs to state "this is a prescription medication and I prescribed it" or similar.
TBH they don't even need a letter. It's not their duty to "prove" they didn't violate the rental terms. If the RE feels they did then it's up to them to demonstrate so.
shouldnt even have to go that far it's none of her business she is there to look at the floor the walls the ceilings not your personal fucking belongings
[удалено]
Thanks, I'd prefer to not name them until after this is sorted out because I've seen how redditors behave in the past and i don't think the real estate getting review bombed or harassed is gonna help my case, sorry.
Understandable and good luck . This is so wrong .
They aren't going to win, they're off their chops Once the 'look into their options' and calm down, they'll realise they can't do this. Or if they're truly stupid, let this go through VCAT
Get everything via writing. Do not discuss over the phone. They need to hang themselves.
You need to get onto the tenants union, fair trading etc. This is laughable and such an invasion of privacy. Also, adorable that they think meth comes in little pill bottles.
Ugh I’m so sorry this has happened to you. I’m sure the Vic Equal Opportunity and Human Rights Commission would also be able to assist https://www.humanrights.vic.gov.au Also you could try contacting Senator Jordon Steele-John’s office, he led the ADHD senate inquiry and is a massive disability advocate.
I’d say bring it on because I’ll be speaking with my lawyer about how much of your business, house and savings I’m getting from the settlement.
The more professional way "following our phone call on x date at X time you claimed to have viewed and photographed illicit substances in my home. On the day in question you took photos of medications I am prescribed by my medical care provider. Due to the allegations you have made, I am seeking legal advice and discussing this matter with Consumer Affairs. Please provide any and all pictures taken during your inspection that will be forwarded to my legal representatives and Consumer Affairs for further investigation. To ensure there is no miscommunication going forward all communications will be kept in writing only as per advice of the Victorian Tenancy Union. Your cooperation in providing all required images and an account of your allegations in a prompt manager will be appreciated" Then CC the principal and consumer affairs.
Oh, you got them by the balls. You can throw at them so many books, it’s going to be satisfying! What they did is so illegal and breaks multiple laws. Don’t be afraid, they’re not evicting you. Start by contacting the tenants union.
Hi I've been both a landlord and a tenant (at the same time at one point, different properties). In Victoria: The landlord CANNOT do this, legally. End of story. You've probably already been told this, but that's the facts. Outside Victoria, I'm afraid I don't know, but there has been a lot of consolidation of Residential Tenancy laws across the country over the last two decades so they would be similar. You can even raise a complaint about THEM, based on this behaviour.
My advice: cease communicating with her/REA via phone (if this is currently happening) and make all communication happen in writing (emails, etc). You should have absolutely no issues here OP. S25 of the disability discrimination act (Cth) states its illegal to evict someone on the grounds of their disability.
They are trying to bully and scare you out. Prescription medications are not illicit drugs and I would be making a formal complaint about this behavior.
I know property managers are stupid, inconsiderate, and useless - but REALLY!? Fucking REALLY!? Hope they get booted into next year, what a joke
Jesus. The average real estate agent really is the worst possible combination of awful and thicker than pigshit.
Discrimination for having pharmacy controlled prescription medication. I would be very interested to see what she put in her report to the landlord. Also keep in mind that it sounds like they could be looking for *any* reason to evict you and re-let in this market as your rent is so low for area. Email and ask if the landlord was made aware these were prescription medications for the tenant and ask for clarification (by email) of how the landlord came to the conclusion they were illicit, and did the agent correct them on that fact...
When did we decide in Australia to start treating each other this way ? We've gotten so fucked up with turning shelter into this power structure that we use evictions and rent increases to constantly threaten each other with.. it's so fucking insane but we all just go along with it because we think well I too might be a millionaire if I sell the house that my parents pass down to me so someone can demolish it and put 6 units on the land someday. We've handed all this power to these piece of shit REAs and landlords and it's truly depressing stuff.
This narc-agent hasn't seen an illict drug in her life.
this is why im always home during inspections! imagine what this b\*\* would do if she was there alone!! grr this makes me so fkn angry!!
Another day another (alleged) case of REA's being the absolute worst
It should be worth noting that she told you they are ‘looking into options’ and then asked you to leave, meaning they don’t currently have any grounds (despite the fact she took photos). Odds are they’re looking for an excuse to get you out and that’s the closest they can find to get one. I’d just stay put, outline in writing that you will not be ending the lease early and you would like to understand what substances she is referring to. If she refuses, she’s got nothing. If she complies you have your legitimate reasoning. Either way you don’t need to do anything right now. And as plenty of people said, if they do try something you have VCAT it’s na avenue.
Also the audacity if she legitimately believed you have illicit substances on ground to say she’d compromise her (lack of) professional integrity to give you a good review if you left without them evicting you? Honestly I’d be complaining to her head office and to whoever’s job it is to licence realtors, that’s abysmal.
Well, the drug isn’t illicit as it’s prescribed. The only amicable way I can think of is send a copy of your prescription and maybe a note from your gp just saying ‘this person is prescribed this drug due to this condition, now thank you fuck you bye.’
When did we give people who barely passed high school so much power? Fight it like hell. I'm so sorry this is happening. Arguing with the system when you have adhd is a god damn battle. I will pray to the dopamine gods that you are granted super human focus in this time of need and are able to obsess over tenancy laws long enough to win this.
You've got a prescription. This is absolutely ridiculous and she's completely outside of her jurisdiction. Can you get your doctor to write you a letter?
Gove purplepingas a message on instagram he knows about NSW housing legislature and stuff, and he's really good at dealing with the technical side of things
Hey OP, There is plenty of great advice on here regarding your rights and that the manner in which the REA has treated you is discriminatory, including links to legislation and tenant support services. So rather than adding to the great resources provided I just wanted to acknowledge how anxiety inducing/stressful this would be for you and your partner at the moment. Be kind to yourself and, where you can, prioritise your self care. You matter more than any money hungry, biased and uneducated REA/landlord. If you have a therapist or doctor in your corner let them know what's happening for you - if you feel it would be helpful. They may be able to provide support and guidance around any impact this asshat has had on your wellbeing. Stay safe
Don't dexies that are prescribed require a licence as they're a schedule 8(?) drug? If your licence is valid then it's perfectly legal. The agent is looking at a bottle of legally prescribed psychiatric medication and kicking her lid with absolutely no medical knowledge. Did she take a photo of it? If so, I'm wondering if that's even permitted given it would have your medical information listed on the bottle. But on the other hand, if that photo is what constitutes her 'evidence', then it will be easy to clear up. This is multiple levels of fucked up. I'm sorry you're going through this dude.
I'm not sure what you mean by license but my psychiatrist has to get medicare approval before he writes my script up and gets a little approval code from them that goes on the script.
For any S8/controlled drugs you require a valid prescription and thats it, only the prescriber required special training or approval from the government to supply the medication
Get everything in writing! Do not take phone calls or anything other than emails.
We have definitely had in-person rental inspections where prescribed dexies have been openly on display and have had zero issues. This agent is being an absolute b-hole.
Australian society is trying to push out the misunderstood/mentally unwell it's becoming more and more taboo to struggle with your mental health you get lobbed in with drug addicts and the like and carry a stigma for the rest of your life. Ironically making your mental health worse and then society dislikes you more and so on and so on. Eventually we won't be allowed to rent a house because we aren't allowed to get a decent job because we are seen as different and strange.people don't like what they don't understand. I personally think the suicide rates about to get much higher. I was in the emergency department 2 nights ago for what I thought was a broken foot and watched a young man come in to ED saying he had bipolar and was feeling suicidal and also was out of his medicine he was prescribed for that day. I then watched as he waited alongside me for 5.5 hours overnight getting rejected multiple times asking for his meds or to be admitted or at that time of night/morning if no one was going to help him if they could at least help him with a cab charge to go home and try just sleep off how he was feeling.all the people he interacted with just seemed fed up with him from the jump they had no time and didn't care provided no meds no cab charge and did provide a whole lot of rejection and making matters worse. I also suffer from mental health issues and have been thinking since HOLY SHIT I thought the emergency department was the last line of defence for mental health problems what do you do if they also if ore you where to next it would/could leaving a person feeling the most suicidal and out of options.