Hi guys,
I use a real estate agent to manage my rented property while I am away overseas. Recently he had to evict tenants for being behind on rent. He has been less than helpful in answering my questions on the situation so I have turned to the ‘experts’ for advice…
The tenants were evicted while still owing rent. they left the place in a bad state, needing cleaning and repairs. Furthermore, it was then empty for 2 weeks while the property manager found new tenants. I was wondering what money I am entitled to. Someone has said when someone is evicted, they forfeit the deposit straight away, need to repay the rent they are behind, and also pay rent until new tenants have been found. Unfortunately, my manager has only kept $50 of the deposit for cleaning.
Which is the correct thing to do??
I am quite concerned as I am on the other side of the world and while my house is not actually worth one million dollars, it is still my home and prized possesion.
Thanks for your help
Bob
The lost rent between the tenants moving out and the new tenants moving in is not recoverable.
I would sack your agent and send them an invoice for the unpaid rent if he did not take it out of the bond. The bond is to cover all money owed, repairs and cleaning when a tenant moves out. What a stupid agent!
The Mortgage Adviserhttp://www.themortgageadviser.com.au
Thank you for that information. I was told something like that and so am looking for information supporting your information so I can send to him along with a recipt for monies owed.
As you have not told us the location of the property, I cannot provide you with a link to your State Real Estate Institute. All States are listed towards the bottom of the page at the link below:
http://www.mortgagepackaging.com.au/tma/index_files/essential_links.htm
I am certain they will be able to help you with accurate information and might even take your complaint.
The Mortgage Adviserhttp://www.themortgageadviser.com.au
Thank you again. I’m from Tasmania by the way. And have found the relevant link. Thanks
You probably should take the matter to the Residential Tenacy Tribunal in your state, get a court order for money owed and then you can chase them for the money owing.
Look at the Tenants Union of Tasmania website http://www.tutas.org.au/.
it is for tenants, but probably has lots of good information which you could use.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
So, mortgage advisor, you say the lost rent between the eviction and finding new tenants is unrecoverable. So is this just one of those situations that the landlord just loses out? I have insurance to cover that sort of thing (can’t remember if there’s an excess or anything) but would it be worth doing for two weeks rent?
I am in the process of replying to my property manager with advice this forum has provided so I’d like to say a big thank you for all the help
I don’t know if the policy would cover eviction but it is there to be used. Use it if it is viable.
The Mortgage Adviserhttp://www.themortgageadviser.com.au
Normally landlord insurance policies only cover the property while it is untenantable ie. while you are doing repairs due to damage from previous tenants.
I would be surprised if they payout if your PM gave the tenants back their deposit/bond
I would definately seek legal advice about recovering the money from the real estate and changing property managers.
When I had to evict my tenants for being behind in their rent my PM worked very hard at getting all of my back rent out of the tenants and suceeded.
Pete
You must be logged in to reply to this topic. If you don't have an account, you can register here.
