I HAVE TO KICK OUT MY TENANTS WHO ARE GREAT BUT I NEED A PLACE TO LIVE. I’M IN SA AND THE LEASE IS FOR 12 MONTHS WHICH WAS ORGANISED WHILE I WAS OVERSEAS. THERES STILL 6 MNTHS TO GO. WAS WONDERING IF I COULD GET SOME ADVICE ON WHETHER I CAN DO IT BEFORE THE LEASE IS UP AND WHAT IS THE BEST WAY TO GO ABOUT IT. THEIR IS ALSO A LANGUAGE BARRIER ASWELL AND ONLY THE DAUGHTER CAN TRANSLATE. I’M GOING TO WRITE THEM A EXCELLENT REFERENCE BUT SOME ADVICE WOULD BE GREATLY APPRECIATED.
CHEERS
Alexei,
Given that you have an agreement, there is little you can do, as the tenants have a right to occupy the premises unless they breach any of their obligations. And as you mentioned this is not the case.
You could get your agent to assist them in finding a new premises in the area and agree to cover their costs to do so. You might even have to offer them come compensation ie incentive for the move. Outside of this, not sure what you can do. Can you not take a 6 month lease in the meantime until the current tenancy expires?
James
One more thing I just thought of, and I not sure what the legislation is in SA, but there is scope in other states’ residential tenancies act where the relevant State Tribunal has the poiwer to terminate the agreement if you can show hardship. Not sure the exact mechanics of this however.
James
Alexei,
We were in the exact same situation as you this time last year. Had been overseas and trying to rent out our PPOR all to no avail. Finally got some tenants in there and signed them up on a 1 yr lease. Then, the very next month unexpectedly had to return back to Oz, but alas the PPOR was signed up for another 11 months.
Our immediate thought was to go around there guns blazing and demand our ‘home back’. We sat around with a cup of tea with all of these “What if” scenarios. At the end of the day we realised we had not a jot of power to do anything about it. So, what’d we do ??
We rented a place just around the corner for the same after tax rent as what we were getting, and over time things got back to normal. It was a tad coincidental that another one of our other houses residential IP’s came up for lease renewal. This one was in a better area but as usual, the tenants had treated it like shite.
Killed two birds with one stone, got rid of awful student tenants who were wrecking the place and moved in giving us the opportunity to repair some of the damage at a lower cost and effort.
We just moved into this one, finalised our lease commitments on the one we rented temporarily….and best of all – with our previous ‘home’, just signed a new 3 year lease at $ 35 / week rent increase, with additional 5%p.a. escalation clauses for years 2 and 3….and to think we wanted to kick them out ???
Of course, if you don’t have another IP right now, why not go and get one and leave the signed up tenants happily renting away…get growth on them both.
Cheers,
Dazzling
“Go hard or go home”
Try this: http://www.ocba.sa.gov.au/tenancies/leasetermination/index.html?friendly=printable
Especially note the section:
Termination by Landlord
Fixed term TenancyUnder a fixed term agreement a landlord cannot give valid notice of termination for a date prior to the final day of the term. The fixed term is binding. The tenancy can be terminated by mutual consent.
The landlord, however, may apply for termination of the fixed term, if continuing the tenancy would cause undue hardship.Hi,
isn’t there a clause when the landlord wants to move back into the property himself? I thought in this case you could give 60 days notice.
Landt.While following a solid management program and practicing reasonable care will eliminate most tenant problems, there simply are no guarantees that you will never get a bad renter. Every business has its risks, and this is one of them in real estate investment. The best that you can do is to buy a property carefully, maintain it well, screen applicants to the best of your ability, and be prepared to act if anything goes wrong. This is one of the few opportunities you have in today’s economy to exercise so much control over your own financial well-being, and you must be prepared to accept the responsibility as well as the profits
If your dislike is based on a personal prejudice, such as race or religion, you have no legal grounds on which to refuse the applicant. On the other hand, if you object to a tenant whose personality is totally impossible for you to deal with, you may be able to support a refusal on grounds of personal preference. You should consider this very carefully, though: you will most likely have very little contact with the tenant once the house is rented. Your rental decisions should be based on business considerations, not the sort of personal tastes you would use in choosing a friend.
how to generate perpetual cash flows ?
http://www.unitoday.net/healthyjack/mystory_en.cfmOriginally posted by Alexei:A LANGUAGE BARRIER ASWELL AND ONLY THE DAUGHTER CAN TRANSLATE.
I speak Mandarin, does that help?
how to generate perpetual cash flows ?
http://www.unitoday.net/healthyjack/mystory_en.cfmThats a sticky situation. I’m sure the law is on the side of your tenants. Best thing to do is see if they are willing to move on their own. Otherwise, I think you may have a losing battle on your hands.
Can’t you rent a place yourself?
I have just gone through the same scenario. My PM wrote to the tenants and they refused to move. I offered to help find a place and move them out, renting a truck and helping myself.
They were out in a month.
Failing that, you can do as suggested above. REnt a place yourself for the same money they pay or less and use their rent to offset your rent.
Or I could rent you one, I have a few in SA.
Byronent
Adelaide SASpeaking from a tenant’s point of view (I rented for years before I finally bought a place), it is very upsetting and traumatic to be ousted from your home just because it is convenient for the owner. I had this happen to me a few times as a tenant, and it really disrupted my life in a major way. You’re talking about ‘kicking the tenants out’ because your plans didn’t work out, yet you say they are great tenants. Try and see it from their point of view. I’m not saying you are not thinking of the effect this will have on them, but as a tenant, I had very few landlord who I felt gave a damn about me, and it’s not nice at all.
Just something to think about.
Cheers
Kerri
Kez
This is one of the reasons I stick with commercial property. Both parties sign a lease and both parties treat the lease as binding. Personally I think any landlord that wants to change a lease should be shot in the eye – and the same should apply to tenants. What is the point of having a lease if no-one wants to stick to it if their circumstances change? That is the point of having an agreement. I don’t care if either party is dying – if it’s an agreement it’s an agreement. Death should be the only excuse for breaking it.
Julian2Thank you for your advice everyone. Its very much appreciated. I understand it will cause hardship for these good tenents who are really very nice. Thats why I think we will rent for the remainder of the lease. Or maybe try and purchase another IP when were feeling ambitous.
Cheers
1. rent your own place for 6 month
2. leave your tenants alone
3. write them a terrific lease in 6 months time
4. serve appropriate, legal and fair notice for vancant possesion as per your states laws at the appropriate time
5. take rsponsibiltiy for your own actions
6. leave them alone, we weren’t put on earth to be jerkscheers
brahms
mortgage broker
[email protected]
brisbane
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