Hi Brains,
I have bought a small 2 bedroom unit, on a long settlement, yes with access. The plan is to renovate & sell. As it is in a nice block in a developing suburb.
The problem is the tennant. I approached her & offered offered $500.00 plus moving costs, plus I’d find her somewhere nicer (not that difficult) to live. I’m such a nice guy…[biggrin] Anyway, she was very receptive to all of this, and so now I’ve purchased the property she’s somewhat changed her mind, and won’t answer her phone etc. I have been told that as a tennant under SA law she has more rights to my property than me, lovely. Obviously I would like her out (not on the street) but somewhere, anywhere else.
Any thoughts or help from anyone who has faced similar problems would be greatly appreciated.
Cheers,
Nathgood luck. This happened to my brother also. The guy didnt move out it went through the courts and 5 months later he won… (5 MONTHS)
“I love 100’s & 1000’s”
Hi Nath,
What is your property manager doing about the matter?
Derek
[email protected]Property Investment Support Available. Ongoing and never stopping. PM welcome.
I have the exact same problem, and i see two options dude.
1. Keep sweet talking til she comes to the party (how much is it really worth to get her out now.)
2. Look up the residential tenancies act and find out the minimum notice period you can issue on a “notice to vacate” for the reason you have for taking posession of your property.
In Victoria it would be 60 days. (and pray she doesn’t apply to VCAT for an extension due to hardship.3. um, well legally there is no 3[devil]
Live, Learn and GrowLifexperience
Can’t you put into the contract that the property must come with vacant possession? That way it’s the vendors problem, not yours.
Thanks,
LuckyoneHi all,
Thanks for your thoughts. It’s nice to know your not alone sometimes.
Here goes:
Immortality: Hmmm a little to time consuming one would think. Plus the loss of time (and $) along the way. The term runs out in March 05 maybe it’s easier just to sit it out, It’s just, time is money, and the rest we all appreciate.
Derek: Nothing, she’s saying the tennant has every right to stay, she’s on a fixed term tennancy. ie too hard.
LifeX: Nice thoughts, I’ve found it hard to sweet talk, when I can’t talk to her…. Option two in SA doesn’t seem to exist, as the tenant is able to stay the full terms. And well option 3 looks sweeter & sweeter by the day[biker]
Luckyone: The contract’s done, it’s signed sealed & delivered. However next time… It’s funny how much you learn when you make mistakes.[angry2]The one positive I found to date has been since I plan to move into the property, there seems to be a clause within the residential tenancies that allows (providing you can demonstrate it would create “undue hardship”) a landlord to terminate a fixed term tenancy. Any help with this would be appreciated.
Cheers,
NathIf she has a lease, then she is entitled to stay till the lease expires. Is she wont accept the extra moving money then suggest a little more.
Is it possible to place a clause in a lease agreement stating that the owner has the right to kick the tenant out if they cause $x damage, or get x no. of complaints from neighbours etc. etc??? That way you would have a leg to stand on if your “ideal” tenant turns out to be a dickhead?
Can it be done? I am assuming it can’t – otherwise it would be a standard clause in all such agreements wouldn’t you say???
Age doesn’t negate effort – you can never be too young or too old.
Spanks,
Yep, such scenarios are clearly spelt in the residential tenancies act. There is no need to include them in the contract as there is the law would overrule them anyways.There should be a tribunal in each state that can resolve disputes(VCAT in vic.)
Basic process in vic is 3 breach of duty notices and then OUT. Or if it is a serious offence such as malicious damage, you can evict them that day. Call the police to supervise you as you serve notice and if they haven’t left then apply to VCAT for an order for the police to physically evict them.
Nathd,
I would strongly recommend that you stay within the law on this and ALL matters, you have a lot of backup from the authorities if your tenant is in the wrong. You are untouchable up until the point when you break laws.(I think you know I was joking about option 3, but I will just reiterate this for anyone else reading)If she is still keeping her side of the lease agreement and wont accept the sugar money you are prepared to offer, then you are just going to have to sit it out until the lease ends. Make sure you issue an official notice to vacate document in the required manner and also in the required time frame (120 days in vic) before the end date of the lease.
You are just going to have to accept your responsibilities as a signatory on a legally binding agreement.
It’s kind of ironic that the legal system makes it is easier to evict the really bad ass tenants.
[biggrin]
Live, Learn and GrowLifexperience
Mate, any deal not on paper is not a deal.Before signing a contract, get the tenant to agree to the money and get them to sign an agrreement stating that. Pay them by cheque so that when they bank the cheque it is further proof of agreement and any court will then back up your application to remove tenant.
Its all small but it all helps. Next time, good to hear you are already thinking of next time and how smooth that will be after this one.
Onward and upward.
DD
PS146 Certified Financial Planner
Don’t sweat the small stuff,and it’s all small stuff!!Hi all,
Again, thanks for all thoughts.
LifeX. The next one was done a lot more smoothly (paid the owner $2750.00 for 11 weeks of relocation costs) while we are doing the same. Paid by cheque to the agent (with receipt). Just about too easy.I guess from mistakes comes some form of wisdom. Not to mention the steepest learning curve of all. Lucky the stakes on the first one aren’t high enough to break the bank. Joint Venture, it spreads the risk.
Cheers,
NathLifeX,
Just for those reading this topic literally. I WAS KIDDING. Option 3 will alway end in tears, generally not the tears associated with joy either. [cry]
Cheers,
NathHello, You guys seem a bit harsh today. I thought the point was to have secure tennants? What is the point of a lease if you can go to court and have them turfed out ?(in 5 months!) I don’t think they should be refered to as dickheads!
Inezinez,
I think you have misinterpreted this topic – it discusses a problem whereby the purchaser of a property wants to take occupation of the property they have submitted an offer on, however, there is already a tenant in it. The purchaser did not write the lease, only tried to help the current tenant relocate so they could move into the place themselves.Age doesn’t negate effort – you can never be too young or too old.
Ienz,
You’ve misread the topic. I’ve purchased a property to renovate & sell. To generate cashflow, to buy longer term assets. It’s somewhat difficult to renovate with a tennant in the unit. I was asking for any advice (yeas legal) to get her to leave.
Tennants are great, for cashflow investing, I’m trying to build a cash base to purchase more property. Chicken & the egg.Cheers,
NathHi Nathd,
Do you think you might be able to get her to sign an agreement saying that she can live in the place half price while you do renos, so long as you and your tradesmen can access the place at will during business hours or something similar – that way you don’t have to get rid of her altogether. It will also make sure you get a small income stream from the property while doing renos.I don’t know if it’s possible – just trying to suggest a method to create a win-win. Let us know how you get on with it – could be a great lesson for all of us.
Age doesn’t negate effort – you can never be too young or too old.
yes,yes, sorry
InezOh well, live and learn. Our place we are living in now had a similar problem. The tenant was one of the biggeset drug dealers in Gero and she didn’t want to move because the house was sold. We specifically wanted vacant possession and wrote it as a condition. That way, the lease is totally null and void. Hee hee, the end of our story was quite funny. The previous owner knew the tenant as it was his ex-wifes mate. So all he did was come over the house with a trailer and started chucking her crap in it. What do reckon the druggie did? Call the police? I think not! She had to just take it and move. I have no idea where she went but good bloody riddance to her… Her face said it all… Priceless. Settlement over a couple of days and they were supposed to be penalised but we couldn’t have cared less just as long as it was empty.
Steph.Success is 1% inspiration and 99% perspiration.
I think the point has been basicly made already however here is my 2c worth:
If a tenant has a formal lease and is abiding by its conditions then they have the legal rights to occupy the residence.
My understanding is to all intents and purposes it is theirs for the duration of the lease. I do not mean that they can modify the land or buildings; simply that they have the legal right to live there.
Therefore I cannot see a way around this problem unless you offer the tenant a significant financial incentive to mutually void their legally biding lease (contract).
Particularly in major cities, where house prices are getting to the point where large numbers of people will rent their whole lives, I think it is important to acknowledge the legal rights to the leased property these tenants have.
No matter what I say, what I believe, and what I do, I’m bankrupt without love. (1 Corinthians 13:3b – The Message)
Agile.
” I think it is important to acknowledge the legal rights to the leased property these tenants have.”Well said, What you want to do with an IP is really something that needs to be clearly thought about before you move tenants in.
Unfortunately we live in a dynamic world where the best of intentions when moving a tenant in, may change when you least expect it. I suppose thats why the law is there. To protect everyones interests.
Live, Learn and GrowLifexperience
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