Hi,
As a landlord, I have a problem with my tenant at the moment. He already 3 months left behind on his rent, and I already be patient about that.
What is the action that I can take against the tenant ?? Is 14 days notice is enough to ask him to leave the property ?? The property is under a professional property manager (agent).
Is there any actions that I can do with the tenant or the agent, besides the notice ??
Can somebody help me regarding this issue, please ??
Thank you.
For a starters get onto your property manager (BIG TIME). They have a responsibility to chase unpaid rent and they know the legal requirements for this to be effected as a matter of priority.
I would be sending your PM a letter post haste explaining in no uncertain terms that they have not been fulfilling the requirements of a PM.
As an investor you need to manage your PM to ensure that the likelihood of something like this happening is minimised.
I would also recommend you get a copy of the relevant tenancy act for your state (do a google search) as this will provide you with additional guidance.
You also need to reread your PM agreement as it will also include guidance on sacking your PM. Based on what has been said this one needs sacking.
Derek
[email protected]
http://www.pis.theinvestorsclub.com.au
0409 882 958I agree with Derek.
It should not be your problem, your Property Manager should never have allowed this situation to occur, the tenant should have been taken to task long ago.
Now with Xmas and many people being short of cash, it may be even harder for them to catch up.
Every agent has a different procedure but at Metropole Property Management http://www.rentingmelbourne.com.au Pam’s team
* sends a reminder SMS at 3 days overdue
* phones the tenant at 4 days overdue and then ring daily until paid
* sends a notice at 7 and 14 days
* applies to evict at 14 days overdueAgain every agent has a different procedure, but this keeps arrears to a minimum.
Get your PM to act propmtly. Don’t change agents until this is resolved, but when it is consider a change.
Michael Yardney
METROPOLE PROPERTIES
Author of Australia’s leading property e-magazine.
Join over 10,000 readers each month.
FREE subscription http://www.propertyupdate.com.auThank you so much for all the response..
Now, what is gong to happen after 14 days after I (or my PM) sent the Notice to the tenant ? Do I need to send any-more notice, to ask the tenant to leave, and how long is the second notice ?? OR I don’t need to send more notice ?? Please advise me, since I am new in this kind of thing….
Once again, thank you…
In Victoria, this is what I think happens.
First you have to give them the 14 day notice to vacate. And if they don’t leave, then you need apply to the Victorian Civil and Administrative Tribunal (VCAT) for a possession order (this can be done before the 14days). VCAT will make a legally enforceable order. You may be granted a possession order and an order that the tenant pay you rent monies owed. You can then apply for a warrant to get the police/sherrif to reposses the property. (the warrant could be up to 30 days).
If they owe you money, then send them a letter of demand. The hard part will be finding where they have moved to. Once you locate them you can begin legal action to recover your debt – eg. apply to have their wages garnished, property seized etc.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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
Invest in a large Baseball Bat would be my advice.
No only kiddin,
but this shore does get frustrating.Hope it works out for you cute girly.
We’ve got 70 yrs on planet earth,Lets make the most of every day!
Luke Taylor | Hope Property Investing
http://hopepropertyinvesting.com
Email MeProperty Support,Strategist and Buyers Agent
You need to get rid of your Property Manager and find someone better.
Do you have landlord insurance?
Kind regards,
Smart CookieHi Cutegirl
Your Propertyy Manager has not acted properly. This is pretty tough on you, sounds like you’re not ready to do the PM yourself, and you’re battling on your own.
Ask your PM for a written explanation of how they handle rent arrears, specifying exactly what they do in stages to address the arrears problem up to thirty days in arrears.
Whatever their answer is, they’re dead in the water.
Talk to the owner of the Agency. If it’s not fixed at their cost,
find another property manager fast. If you can’t do PM yourself, and the PM isn’t doing it for you, then you need a new and good PM fast.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
I think It may be time to find a new property manager. When you find one be sure to let them know what your expectations will be of them and be sure to get what ever they say they can do for you on paper.
We buy houses in Adelaide. No Agent Fees
[email protected]
0431 757 161
You must be logged in to reply to this topic. If you don't have an account, you can register here.
