A tenant I have had for nearly 3 months has only ever paid one week in advance (always says they will pay second week in advance when able to). Over Christmas the rent was coming late and today when she owed two weeks she has only paid one (meaning that she is paid up to today only). What can I do before things get any worse? Also, the notice to remedy breach can be given when rent is 7 days in arrears. Does that mean that if she doesn’t pay any rent by next Friday I give this to her then?
Which state is your property?
Terryw
Discover Home Loans
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Hi Terry,
Property is in Qld
For starters you can have a look at
The Tenants’ Union of Queensland.
http://www.tuq.org.au/Tenant’s unions advice tenants of their rights, so you should be able to find what the correct procedure is from their brochures.
Terryw
Discover Home Loans
[email protected]
Send an email to get my newsletter.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you have a lease document which states they should be paying two weeks in advance then they are in breach already. If so, issue the appropriate “remedy to breach” form which gives them seven days to remedy the breach. If they do not, issue the “notice to evict” form.
I have typed this information from memory. To make sure you do the correct forms in the right order and, most importantly, giving the correct notice time, go to the RTA website, which is a mine of information.
If you have any questions, ring the RTA. They are very helpful and will give you advice on the phone.
I assume if you have a bond, you need to move quickly as it doesn’t take long before the bond is used up in lost rent.
Wylie
Thanks for your help. The RTA website states that when tenant is 7 days in arrears you can give them a Notice to Remedy Breach. What is not clear though is whether this means after 7 days of rent in advance not being paid or whether it means 7 days of living there rent free.
We had some feral tenants evicted last year, but can’t remember the technicalities. Sorry I can’t help more, but if you ring first thing Monday, the RTA will set you straight and you can get the forms done right away.
The forms can be downloaded to your computer and you fill them in and print them out straight away, so if they are already in breach, you won’t lose any more time.
Good luck.
Wylie
We all get bad tenants with a poverty attitude, yet being able to send their kids on $400 excursions to Canberra and having a $40k 4wd shiny in the driveway and not paying their $185/wk rent wears very thin.
We self managed this one for 6 months, flicked it to an agent who had had enough of the husbands posturing in 4 months, went to court and got them out.
After a bathroom paint and tile reno, new vanity and showerhead, we now get $210/wk with angel tenants.
Give it to an agent, their fee is sooooo worth it and is tax deductable. The SANF (sleep at night factor) to you is worth more than a few $$ each week. Give up a little control, and give yourself a little self respect, you deserve better of your time.
Good Luck
DD
Buyers Agent (Dip Financial Services(FP)
Don’t sweat the small stuff,and it’s all small stuff!!Trish, Yes, after 7 days in arrears issue a Notice to Remedy Breach, and let her know thay if she doesn;’t pay the required amount within 7 dyas then you will issue a Notice to Leave giving another 7 days to vacate. (or pay). Be very strong with a any excuses to catch up by paying a few dollars more then the weekly rent each week, usually they never keep up their promises. I hope you have Landlord Insurance, but if you do not issue the correct notices when required the Insurance Co will not pay out. Good Luck, Noele
PS I note your comment about what is legally 7 days – it means when the rent is seven days in arrears ie Today’s date is 20th Jan, if the rent is only paid to 13th Jan then tomorrow (21st Jan) is legally 7 days in arrears.
Hi everyone,
I have phoned the RTA and yes if tenant has not paid any rent by this Friday she will have been living there for 7 days without paying rent and this is when I can issue her with a notice to remedy breach. So hopefully she will come up with some sort of payment plan this week..
Don’t let her get away with giving you part payment or anything. With our tenants, we kept issuing notices to remedy the breach, and on the last day they would hand over a week’s rent, which meant they were not in advance and from that day on were living rent free until they again went into breach.
Once they made some payment, we had to wait for them to go into breach again. It happened several times until they just stopped paying and we could issue notice to leave.
Keep on them, or they will play you along and DOCUMENT everything. I kept a running diary so I had a documented timeline in case we had to go to the tribunal.
Wylie
Hi Wylie,
I will definately start documenting everything just in case!
yeah it’s funny the attitude some people have. I was brought up to live on rice if I have to , but make sure i pay my bills first.
I had some tennants who were very nice but invariably late with the rent. I was getting tired of ringing them. I explained to them that every time their rent wasnt paid my monthly mortgate wasnt able to be paid and thus I was hit with a $30 late fee. I told them I would simply have to put up the rent to cover my costs in late fees.
Im in queensland too and yes the tennants pay two weeks in advance and they can get the notice to remedy breach when they have paid only one week in advance so long as taht is what is in your contract.
isn’t property managing fun?……NOT [confused2]
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