Just watching the news earlier and the arrests made by police today. Apart from making wonder why muslims are violent (i.e., physically assaulting media in cold blood), I was wondering what would happen if one of the houses raided was your IP….
If all tenants in the house were arrested (and detained for say, 1 week), would the tenants still have to pay the rent? would the government need to compensate you if there were no charges brought against the tenants?
Has anyone ever had a tenant removed due to arrest? what was the outcome – did you just have to cop it sweet?
You are not serious?
All the issues concerning terrorism, prejudice views against Muslims in general, peoples lives being tormented and you are concerned about your rent?
I don’t believe it!
Roy H.
L.R.E.A., Dip FS (FP)Guardian Property Specialists (GPS) is a research-focused company that specialises in sourcing and providing residential investment properties Australia wide!
sure…this is a property discussion forum….so
any responses to the actual property issues are welcome.Well really, I think this requires a bit more thought.
first I think your opening comments are highly offensive, not only to Muslims but to Australians as well.
I am Australian, of English decent and was amazed that you actually had the view that all Muslim’s are violent. Do all italians own deli’s? We all know that there are fruitcakes in every race. Take a look around, violence, murder, robbery and even terrorism is not restricted to the muslims. Remember David Hicks? I know and work with quite a few muslims and they are lovely people, as are aussies, greeks, italians, so on so on.
Please dont put all muslims into one basket as I, as an Australian, am offended by that.As for the rent, actually, that is a good question. As property investors this is our business. What does happen if something like this occurs?
what if Joe Smith down the road was arrested and sent to jail. If he was the only person in the property, who moves him out? how do you collect back rent?
I am interested if anyone has had this happen, and what the outcomes were.
cheers
ToniWell really, I think this requires a bit more thought.
first I think your opening comments are highly offensive, not only to Muslims but to Australians as well.
I am Australian, of English decent and was amazed that you actually had the view that all Muslim’s are violent. Do all italians own deli’s? We all know that there are fruitcakes in every race. Take a look around, violence, murder, robbery and even terrorism is not restricted to the muslims. Remember David Hicks? I know and work with quite a few muslims and they are lovely people, as are aussies, greeks, italians, so on so on.
Please dont put all muslims into one basket as I, as an Australian, am offended by that.each to their own opinion I guess…
what if Joe Smith down the road was arrested and sent to jail. If he was the only person in the property, who moves him out?this is an excellent point. I hadn’t considered what happens to the legal status of their property.
does anyone know if there would be a time limit that they have to collect it?
Or, if you sold the property would the furniture, etc become the property of the new owner?
would it prevent you from selling?I’ll ask some barrister mates and see if they know of any case examples & post any relevant comments.
We’ve all seen on the TV news people of ALL nationalities and income groups physically attack the media. The media are often there with cameras at times where people are under stress – crime scenes, riots, court cases, funerals etc.
Think back to the Macquaries Fields riots in Sydney where the police and the media were attacked. What was the predominant nationality of the rioters?
I can’t see the government kicking in for rent. A property manager will clear this up for us.
ScottTax Depreciation Schedules
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I don’t know of anyone who has had this happen to them.
I think it might be one of those really unlikely issues that really isn’t worth wasting concern on.
Perhaps your landlords insurance can pick up the slack?
I am sure your world won’t come crashing down after a few weeks lost rent – if it might then I suggest you are sailing too close to the wind [blush2]
Cheers,
Simon Macks
Residential and Commercial Finance Broker
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Check your landlord insurance policy, I bet there is a very specific clause that excludes claims against lawful seizure of your property.
It is a common occurance, but more so related to drug offences. It’s possible that your property be seized for 12 months and you will not see a cent for loss of rent. And worse, good luck getting a tenant in a hurry after it is released back to you.
Mal
Getting out of your comfort zone, can help you become comfortable
Well i think its a curious point about possessions and rent when someone is packed off to gaol.
However not really teh muslims you used as an example. They seem a rather close knit community and I’m sure someone would be there to help out their ‘brother’. Even if htey didnt pay the rent, Im sure they would pack up his gear.And what if someone is in gaol for only two months. Are they able to access their accounts to transfer funds and pay rent?
WA has a seizure of assets law and in a recent case (the outcome of which escapes me) saw a landlord have their property seized because the tenant was growing dope in the house.
According to the law at the time this was a ‘legal’ process. Since this case the law was reviewed but I cannot for the life of me remember the outcome.
Derek
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0409 882 958If your property is believed to have been used for criminal activity, your property can have a restraining order put on it by the state, and the rental income can also be restrained, as it too may have been derived from the criminal activity.
If you every find yourself in this position, seek legal advice at once on applying for the restraining order to be lifted. You will need to prove that you 1) were not involved, 2) you had no idea that it was going on, and possibly that you could not reasonably have been in a position to know (eg. periodic inspections would have picked up the problem).
API Magazine had an article titled “Confiscation alert” in the June 2005 issue. More to do with confiscation due to drugs, but the same rules apply to other criminal or terrorist activities.
Mal
Getting out of your comfort zone, can help you become comfortable
Not so long ago in the past, the drug squad removed with considereable force the front security door to of of my IP’s. The insuarance didn’t cover the damage and the police department said I needed to file a damages claim for compensation/costs and they would send the appropriate papers to me. I’m still waiting on the outcome.
C2
Rich in happiness and money is better than rich in money with no happiness.
reading the above posts reminds me of a saying “everyones your brother until the rent becomes due”..
REDWING
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorI actually had an occurrance whereby one of my tenants was arrested. Prior to the nab, he had tried to get out of the lease with the excuse that there wasn’t enough car accomodation. With a double lockup garage and also a double carport with a lockable door to block front access, my PM dismissed it as a ludicrous excuse. Shortly thereafter he was arrested for housing stolen vehicles. No wonder there wasn’t enough car accomodation.[blink]
Anyway, the girlfriend who wasn’t implicated or charged took over the lease. Unfortunately, without the absent boyfriend’s extra income, she was unable to maintain the rent payments. PM took it to court and the tenant was evicted. A lost rent claim was lodged by the PM against the tenant, but she said don’t hold your breath. It has never, two years later been paid.
It was hard to maintain my interest repayments to the bank, without rent coming in but I managed ok, and now just put it down to one of those things that sometimes happen.
I also had a tenant who, rather than repaying rent, chose instead to maintain his boat repayments. He was also evicted by the court, but fortunately he repaid lost rent a few weeks later. At least he still has his boat.[biggrin]
If you want to get out of a hole, first stop digging.
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