My first sujorn into being a landloard. Own a house with granny flat. Wrote into the 6-month lease NON smoking and children stay one Saturday a fortnight…as agreed by the tennant.
Almost immediately my house smelt like an ashtray and I reminded him why the house and flat were a smoke-free zone. (I am allergic to smoke and it has been causing me a lot of physical pain) Then the children began to stay over Friday through to Sunday EVERY weekend.
I had intended to bring these matters to his attention next rent day, however yesterday my gardener parked her truck in the drivway where he usually parks his car, there are 3 driveways and one was vacant…he chose to park on the road.
After she left he came upstairs and began to abuse me for this and told me he had reported me to the RBB[angry2] and Centerlink (I am on a Disability) and they would be in touch with me. Also Bond Rental Board told him I could not stop him smoking as it was his right… and he could do what he wanted and smoke all he wanted…he then threatened me that he would be my worst enemy and that I had to get my ##@@ son here right now (my son is the agent).(This was a Saturday) and my son is in hospital with abroken collar bone and I do not want him subjected to this harrassment and aggression.
I want to terminate him ASAP – but would appreciate any tips. This has not been a good start to my investment.
Hi Jan,
Unfortunately these sorts of people do exist and as such any checks into their background need to be thorough, and especially so if they are residing on the same piece of turf as you.
Did your son (as PM) do a thorough background check on this tenant?
The issues surrounding breach of lease agreements as per the smoking and additional people issue needs to be checked with the relevant authority in your howm state. Do not just take his word for it. Check these issue out and communicate your point of view in writing – this way you will have written record of the matters you raise.
Threatening behaviour is a police matter and if you feel strongly enough then this is where it should be handled.
Ultimately you need to determine whether or not you and he can continue to reside on the same block of land and whether or not it is time to mend the fences or try to move him on. To me it seems like it is move him on time.
If you want to move him on before the lease expires then your son (as PM) will be able to assist. You need to be aware that you will incur some expenses should this be your preferred course of action.
Derek
[email protected]Property Investment Support Available. Ongoing and never stopping. PM welcome.
Janmarie… not sure about the smoking issue, but re the children staying over issue… well, if your tenant’s access arrangements have changed, I doubt you will have a case at the CTTT (Tribunal). Is there such a problem with a father seeing his kids each weekend? I mean, anyone can add any clauses to a standard lease, but whether that would be considered acceptable by a Tribunal, is another thing.
It’s a pity you felt abused, but I see this as one of the problems in granny flats… tenants have a legal right to “quiet enjoyment” of their premises, and landlords probably know what they’re up to every day. As a tenant, I would NEVER live near my owner- for the same kinds of reasons you’ve outlined. If I want to, I can have hoardes of people staying, parties whenever I feel like it… with no landlord watching me.
I understand your frustrations, but sometimes having a tenant in such close proximity, requires a bit of give and take. Hopefully, you can have a reasonable chat- and renegotiate expectations with your tenant, before it gets to the Tribunal stage- because, in fact, I don’t know if you have a leg to stand on.
kay henry
Hi Jan
As Kay has already indicated it is doubtful that you have a case.
As far as trying to evict him because of the lease conditions. I see that these would be judged as harsh and uncontionable and as such you will not succeed but in so doing aggrevate the whole situation even further.
Reading your post I drew the conclusion that you had already spoken to him about his smoking> this may have prompted him to speak to the rental authorities and find out his position. This would have contributed to his level of reaction when someone parked in ‘his space’.
I hope that you have him signed to a lease agreement and if you have simply wait until the end of the lease, then terminate him.
I future I would also suggest that you have as little to do with the tenant as possible leaving any interaction to your son. This should ensure that the ther will less likelihood of a repeat experience.
Cheers
Thank you for those who have taken the time to reply.
Frankly I am not prepared to have someone in my space who abuses and threatens me. When he took the flat he told me he had given up smoking and agreed to the conditions.
Where are my rights in this? There are many places where it is written into the leases that it is a smoke free zone…why not here?
Anyway I will ring the relevant authorities tomorrow.
Thanks
Jan-Marie.Hi Janmarie,
Not so long ago I started a thread asking if anyone had some good tricks to get rid of the smell of heavy smoking. From the responses I got I was under the impression that it was entirely legal and enforcable to include “no smoking” as a clause in the rental agreement. If this is not adhered to by the tenant then the cost of removing the smell and tar residue can be claimed out of their bond. Just the impression that I got from the replies and I have not looked into it any further at this point. It was not part of this tenancy agreement so not much use to me this time around.
I would imagine if it was written into the tenancy agreement and if it was causing you discomfort then this may be a strong point on your side of the case.
As for as the kids I have no idea but I suspect that this may be a little less “cut and dried”. IMHO I feel that you may have trouble enforcing this one.
Why is your son the PM? Does he have any experience in this area? If so he may not find it stressful to give an opinion and he may know exactly what is in the agreement and what is enforcable and/or grounds for eviction of the tenant.
Regards
SonjaHi Sonya
My friend lives in a complex in which the no smoking is strickly enforced due to the cost of refurbishing etc.I believe if clauses are put into a lease and agreed upon at the time then they should be enforced and this on medical grounds in any case.
As far as the children are concerned I do not have a problem with them except it was the tennant who said they would only come every second Saturday and so it was put into the lease and if there was any variance to that agreement then it needed to be discussed and agreed upon. If he had come to me and said he wanted them to come I would simply have asked him to pay extra on the Electricity which was worked out on ONE person not three. It was entirely negotiable.
As I said I will check tomorrow with the authorities and then I will know for sure. However this has left a bad taste in my mouth I am more than likely going to put the house on the market rather than go through this again.
Jan-Marieawww, janmarie… a couple of extra cents electricity for a couple of kids to have a shower and a meal with their father?
kay henry
Jan Marie..
In Perth we have the Landlords Advisory board and you can always contact DOCEP etc, your son must e able to assist, even if only with advice..
Agee with Dereks post also..
REDWING
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Count The Currency With This Online Positive Cashflow Calculator<<<However this has left a bad taste in my mouth I am more than likely going to put the house on the market rather than go through this again.>>>
Dont kill the goose that lays the golden egg. This happens from time to time. Look at the bigger picture. Property grows in value and rents and sure there are property management problems from time to time.
Sounds to me like we arent getting told the full story here.
Where exactly is the tenant living? You say its a granny flat, but then say your ‘house’ stinks of smoke. If your personal space is important, DONT RENT IT OUT!
Why would the tenant blow up so bad just because his drive was blocked? If you were ‘dobbed in’ to centrelink, sounds like you are not in a position to be pointing the finger. What did you do to provoke the tenant?
If smoking and being a good father is the tenants worst offences, I reckon you may have got what you deserve.
I lived in a granny flat once. The woman was a fruit loop. She had a key to the flat and came in daily while I was at work and unplugged my fridge…..what, I cant use the power now? She wasnt claiming the rent as income either, and you can bet your arse I abused her for invading my privacy (and ruining my perishables).
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Positive Geared Share InvestingDear JanMarieqld
Firstly, you need to arrange for someone to act as a PM for you, and to remove yourself from any further direct dealing with this tenant, to get him and his abuse out of your face. There is no excuse for abuse or any kind of attempted intimidation. The Residential Tenancies Act allows for immediate termination of a tenancy if the landlord or agent feels threatened or if injury is likely. It’s not easy to prove. Check the facts for your state. Be sure you behave properly and legally. If he grovels enough and apologises for his behaviour and you feel completely satisfied with his explanation and comfortable with him around, and he quits breaching the lease re smoking, then decide if you want to keep him on. When his current lease expires, you can put him on a succession of 3 month fixed leases (talk to your PM about putting him on a short leash/lease, and I mean leash). If he does not show enough remorse, remove him. But beware, if you can’t win at hardball, don’t play.
cheers
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For those who believe I have not given the full story allow me to explain. I am on a disability pension and so brought a house with a granny flat to offset the high mortgage. I notified Centerlink and it is recorded, so there is really nothing he can do except attempt to cause mischief.
With the cigarette smoke we can’t work out exactly how it is coming into the bathroom it seems to either come through his opened window and then through mine, I have closed the window and that helped. However there appears to be nooks and crannies that it seems to seep into the upstairs areas. At times I have to walk away from the computer because it is so strong.
This man recently lost his sister and there appears to be issues with his children etc. and the violence has escalated since that time, abusing an 80 year old neighbours by threatening to wring his neck if he upset him again. He lacks any sort of normal consideration for others. He willingly agreed to the conditions on the lease and said in front of witnesses that he did not smoke and initialled the special clauses. I am a 59 year old woman who is doing the best I can to cope with being on a reduced income, renting out the granny flat was a way to offset that. It just did not work out this time.
I have been to the authorities and he will be served with an eviction notice within seven days for offensive and abusive behaviour. The police have been notified and we will get on with it and have it done.
I did the right thing and put in special clauses into the lease he however believes he is above that..I simply wanted what we agreed upon to be honoured and to be able to live with clean air…and that is my right it is my home afterall.
I want to thank those who have responded and especially those who were detached and offered clear and supportive information
Jan-Marie
Well done JanMarie! It sounds like you have regained control. Goodluck for a speedy outcome.
A granny flat would surely be inadequate for a man with kids visiting every weekend. AND lets face it, a couple of teens WOULD be the same expense as 2 extra adults.
Just put this down as a learning experience. As a single woman myself, I probably would not consider having a man rent in my space. I am not easily intimidated but if there is conflict, I do not want someone who could easily overpower me physically.
I think you should consider a senior lady. A reduced rent from someone reliable and sane is preferable to this kind of predicament.
Or have you considered moving into the granny flat yourself and renting out the house? This would probably double your income and thus reduce your debt much faster.
regards
millyHi Jan-Marie
I can relate very well to your problem as also have a granny flat we rent out. And yes, the smoke does seem to filter upstairs! We have always advertised as “non-smoker” although local newspapers insist on putting “non-smoker preferred”. We have had many tenants over the years and one or two who said they were non-smokers turned out otherwise.
Out of all the tenants we have had, I would have to say the young lads have been the best. We have had solo mothers with small children – nice but always there and constantly doing laundry. Young girls – once again nice but somewhat demanding. The several young lads have all been excellent. Maybe not as clean and tidy as you would like, but it is not difficult to give the flat a good spring clean when they have moved on.
We did end up with one tenant who was a nightmare! I wont go into everything but just lets say she was mentally unstable! I did phone her references before she moved in but didn’t ask enough questions!
The best advice I can give is to stay on side and as pleasant as possible to your tenant until you can get him out. Maybe suggest to him in a nice way that it is not working out but you will be happy for him to stay until he can find something else. The reason for this is that it can be a nightmare to get him out through official channels and in that time if he stops paying rent you can be out of pocket for quite alot and he can also do alot of damage and cause alot of grief to you which the bond may not cover.
Good luck (and be sure to check the references very carefully next time)!
Shar
Shar,
Sometimes references don’t mean much. I remember a friend of mine’s girlfriend pretending she was a former landlord, and was writing a reference for the two of them. She put her own mobile number and wrote a letter saying what a well-behaved and housetrained dog the teants had (it was a cute little dog).
When the RE rang her, she just said she was the former landlord, and raved about the two of them.
kay henry
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