Advice – get rid of non paying tenant

Is the property in Sydney?

Would you like me to go around there and have a word to him for you?

We can chat about the Godfather movies!!!

))

Robert Bou-Hamdan
Mortgage Adviser

http://www.mortgagepackaging.com.au

Investor Links

Sorry, I know it is a serious matter. I use property managers who deal with this. They tell me there is a specified time period before you can serve a properly formatted eviction notice and then a reasonable time period before you can call on the sheriffs to have them removed.

If there is damage etc. once the tenant is out, then you will have to book another date with the Residential Tenancies Tribunal especially if he disputes the bond.

You might also need to obtain an order for back rent.

I think the best thing to do is talk to a local property manager for the right advice and process.

What State are you in?

Robert Bou-Hamdan
Mortgage Adviser

http://www.mortgagepackaging.com.au

Investor Links

Marisa,

We are going through the exact same thing with two of our tenants – except our tenants don’t live in the units, but work out of them.

They have both never paid us rent since we bought the property, other unit lessee’s are flabbergasted….anyway.

This Thursday, after 3 notices over a period of 6 weeks, they shall be ‘moved on’ with a bobcat and truck outfit…we shall be using the term ‘abandoned’.

I just read Rob’s attachment for the Tenants Union of Victoria and was horrified at what advice they have outlined on how to string out hapless ressy Landlords…what a legal farce…if you go down that route good luck – you’ll be there in 6 months with not a jot in rent.

All this ‘legal’ advice is outrageous…dealing with people who do not respect any agreement or written request and take no responsibility whatsoever, yet expect every right to be extended.

In my book, rights and responsibilities go hand in hand.

I feel sorry for anyone going through this with residential tenants who take no responsibilities.

I do not have a solution for you, except don’t buy these types of props.

Do you know any big Maori tow truck drivers ??

Cheers,

Dazzling

“No point having a cake if you can’t eat it.”

Marisa- bugger that that’s happened I feel for ya.

working with humans is always a risk- what can one do? property is a risk. I imagine pretty much every landlord here would have someone who was a problem tenant at some stage (c’mon- tell the truth, ‘lordies!)

Marisa, I like to insist that the tenant has their rent auto-paid into my account (I auto-pay my rent as a tenant or i’d always forget to pay!) Having said that, the tenant may not choose to pay this way- he obviously hasn’t. I guess you’re just gonna have to follow the letter of the law, or otherwise, it is gonna cost you more money.

Having a PM or not… well, I have PM’s- but evewn the best PM can only cajole/caress/plead- whatever- the money is still in the tenant’s hands, and it’s hard to get blood out of a stone.

In terms of mitigating risk, I try to work out what my situation would be if I had no tenant payments… could I still pay my mortgage from wages? If the answer is no, then it may be trouble, because one can never control tenants or ensure one gets rent- one only *hopes* to.

Remember the French Revolution? People got a bit annoyed at private property… hehe- could happen to us and there could be a bunch of “refuseniks” not wanting to pay our rents, and hitting us on the head with croissants when we approach them. Mitigate, mitigate… and keep your job!

Sorry Marisa- wish someone could help you get the blood out of that stone tenant, but really, these things can be tough.

kay henry

Marissa,

We recently had a similar situation with an IP in Brisbane. Nutty tenants pulling all sorts of tricks. We manage our IPs ourselves.

In Qld Residential Tenancies Authority (RTA) website has all the forms to print off and issue. We followed the RTA procedures. Make sure you give the proper notice and keep copies of everything.

We gave them notice several times, and they kept paying up. Each time they didn’t pay we gave another notice. We really wanted them out (as did the neighbours). Finally, I arranged for the local constabulary to come around with me the morning after the midnight deadline passed because one of them was fairly abusive. I didn’t need to take this course, as they did move out.

I needed a good lie down and a stiff drink afterwards though.

The thing is, they presented well at the beginning. We generally rent to people on gut feeling and in 25 years have only got it wrong a couple of times.

This time we lost four weeks rent and luckily our insurance covered repainting where they had done some damage to a couple of the walls and a couple of other minor things. Luckily walls were VJ boards, goodness knows the damage if they had been plaster.

My suggestion is don’t be put off by people saying don’t get into this type of property. We have only had residential IPs and one bad experience shouldn’t put you off.

I’d say get the forms to the tenants, hopefully your bond should cover some of the loss. Get them out, clean the place up (if needed) and find the next tenant.

Look on the bright side, you don’t pay tax on the lost rent.

Good luck.

Wylie

In W.A
We have been where you are now, but there is light if you follow dew process Legal process.
Serve with Frailer to pay rent.
After 14 days serve with Eviction notice.
Get a copy of:
The Landlords Handbook
The Key to Successful Property Management
Department of Consumer and Employment Protection
http://www.docep.wa.gov.au
[medieval]

Hi Marisa,

I’d stick with the legal process. Your tenant is still in breach of his agreement if he is three weeks in arrears (in NSW, Vic and Qld). You may not get all your money but will lose less in the long run the sooner he is out. If you keep him on, the worry and uncertainty will be ongoing in addition to greater potential financial loss. If you allow his mother to move in under these conditions then you have set a standard that is lower than you want.

Have just been through a similar experience and the one thing I would do differently is start the legal process sooner than I did. My tenants had no intention of doing anything different. From the moment they decided to stop paying rent I was going to lose money but I could hve reduced the amount I lost by a few weeks rent if I had acted immediately on the legal procedure. I could have listened sympathetically and handed them their notice to vacate at the same time. This was a property I ended up having to manage myself temporarily because of inappropriate acivities by PM (including letting to these people in the first place) in a town where PMs worth their 10% fees were like hens teeth. (There’s now a new gun in town, former local who’s prepared to work hard to build his business so no more self managing!).

I’m biased because of above, but move him on, move him on.

As a back up, the water meter solution or something like it sounds like a great option.

I must admit the lessons have been invaluable. In my experience tenants like this are rare but knowing how to deal with them is a great skill to have.

Good luck.

Anne.