After five years blessed with a good tenant, I now have first hand experience of a bad tenant. Rent unpaid since the beginning of November, eviction ignored, etc. They have finally gone – with half the furniture – leaving the place filthy.
The property is in Darwin (I’m in Tassie) but have arranged to get up there next week for two/three weeks to give the place the overhaul it now desperately needs.
Help Wanted
1. Local tradespersons. At this stage, electrician, plumber and painter. If anyone can help out with someone they can recommend from experience and is available to work (payment in cash/beer if preferred) between January 17 and 31.
2. Anyone who has experienced similar situation who can offer advice (even sympathy would be appreciated).
I’m over being angry, frustrated etc, although I will be having a stern word with the property manager.
Happy face firmly in place. []
Probably one of the very few responsible things I’ve done in my life… yes, I do have landlord’s insurance.
There’s been a bit of confusion though. I thought it was designed to help me out at the time of the problem. ie. pay the rental amount to ensure that loans are repayed etc. However, I’m told by PM that (she thinks!!!) that if I put in a claim now for loss of rent, I can’t put another one in if the place stays empty for another month or two (up to 15 weeks she tells me).
Once I’m on the ground, following my stern talking to, the insurance business is the next topic to be addressed.
Sorry to hear about the problems you had. We had a similar situation about a year ago. Our tenant left but the place was left in an absolute state, fleas in he carpet due to the tenant owning a dog, dents in the internal plasterboard walls because the son played soccer indoors, broken windows due to the soccer games, etc. Our PM returned the bond before doing the inspection, so we were deeply out of pocket.
You can't reverse the situation but you can have a 'lessons learnt' session, look at what happened to get to where you are now, and if there's anything or any decisions you would do differently. Given what you've said, I'd have a serious look at getting a different PM. We went up to our IP in Queensland, got a list of rental property managers from the REI website (www.reint.com.au for the Northern Territory), a list of questions to ask them (think about what you want from a PM, and base your questions on those requirements) and phoned around for an hour or so. In our case the end result was a new PM that we've never had a problem with!
Lucky you have insurance. Unlucky that you are extremely out of pocket until the insurance claim goes through.
This is a good lesson for me to learn and I will be looking at landlords insurance to make sure that the lag between loss and reimbursement isn’t as long as yours.
Can’t help you with any builders or anything but I can offer my sympathy. It sucks that this happened to you.
My advise would be to get a new PM and check through the applications more carefully before selecting a tenant next time.
I've had experience with this sort of thing and can say the following:
It is necessary to have buffer money in the bank to be able to cope with costs and mortgage for about 6 months in case something like this happens. That way if insurance is slow to pay out, you're still ok.
I have Landlord Insurance with Tenant Protection, and it's been fantastic. It was about 5 months worth of lost rent they paid out, plus theft and any damages that could be described as "malicious".
Take care during conversation with the insurance company – be polite and it's more likely the case manager will help you to the best of his/her ability. Also take care when describing the nature of damage. For instance, don't say "Oh the tenant's child appears to have damaged this" because this provides an easy out of "Oh well children aren't malicious, so we don't cover that". Take care to explain, for instance, that it would appear that a hole has been punched in your wall either with a human hand or a hammer for no apparent reason. The bottom line is, you were not there while the damage was being caused, and neither was the insurer. It's a bit of guess work. With some things, they'll happily accept your verbal explanation of what may have happened, backed up with photos to illustrate that the damage wouldn't normally occur during the normal use of a property. In other cases, they might say "Get a tradie out to assess what he thinks occurred, and get him to note down what he thinks occurred on the quote. If the damage is deemed malicious, we'll cover it – if it is deemed to be normal wear and tear, or poor housekeeping by the tenant, we won't."
oh Blackjack I only too well understand the anguish you have gone through. We just extracted ourselves from a similiar story. Unfortunately as the tenant never paid bond (long story) our insurance was nul and void. Massive clean up and rubbish removal, holes in walls, broken windows and internal doors. Locks replaced, we have to store items left behind for 60 days (grrrrr don't get me started!!). Terrorised neighbours. We have had no rent since xmas and have found it hard going as we just purchased a property and sunk all money into fixing it up – very bad timing. In the end I negotiated with the tenant to drop the rent owing to get the house back – we could have requested an emergency VCAT hearing with security and the local police said they would execute the order of possession within 15mins. But this could have taken another plus week. If the court ordered for them to pay costs they would probably only repay at $10 a month. I still think we were very lucky in the end. Our accountant has just put in tax variation forms for our salary tax to be dropped – wish I had of thought of this earlier on in the piece, we have always claimed at the eof the fy – which is going to help significantly
Maree – why'd you have to keep their stuff for 60 days? Consumer Affairs turned up at my property and immediately said we could take the whole lot to the tip if we wanted to.
that's interesting Consumer Affairs advised me we were required to keep the items for 60 days? We are in Victoria – might be different state to state??
Might be worth asking them when you start counting the 60 days from. From the date of forced eviction, or date up until the rent was actually paid for?…
that is curious – although have had the "items" (read junk) in storage for 7 weeks now. I was of the understanding it was from the day we got the keys/access
Strange. I definitely didn't hold my tenant's stuff for 60 days. Perhaps Consumer Affairs considered it was stuff not worth storing hehehe. Under what circumstances did your tenants depart? Perhaps yours left a little earlier than mine did. It took the full length of time and VCAT hearings to get rid of mine. Eventually the locks were changed and they were told they no longer resided at the property, and could make an appointment with the agent to collect their "stuff". Consumer Affairs turned up not long after (ie not 60 days) and said we could get rid of the stuff. So I guess maybe close to 60 days would have elapsed between when I legally had "possession" of my own house, but the tenants were still in the place until eventually they were removed.
Ours went pear shaped just before xmas – we did an inspection and the house was a party house. Gave them 120 days to vacate for no specified reason – this is when the barrage of abuse started and the rent stopped, sent breaches for rent etc. Australia Day neighbours reported the front window was smashed – sent an immediate notice to vacate the next day, they had to be out by the following Tuesday.
I called to ask her what time we could get possession on the Monday as the neighbours told me they had started moving out and the agent we have listed the house with said they had been in the office wanting to look at listings. She said they were still deciding if they would make us take them to court to give their side of the story. Basically I said it was a matter of time until they got evicted, I offered to drop the rent they owed, they asked for a couple more days to move out and we struck a deal.
The property is 3hours away from consumer affairs, maybe that is why I am obiligated to store the stuff as they couldn't view it?