Hello we have a tenant who has been, shall we say, challenging from the day they moved in. Her lease expires on 28 may this year. (Saturday) but following a tribunal hearing she was given the option of ending it early in writing, which she chose to take. She gave her final day day as Monday 23rd, then went on to say as the carpets might not be dry she would like the final inspection on the tuesday evening. (thus gaining another day). The inspection was arranged, and this morning Tuesday i recieved a text stating she "is not ready" and the inspection will have to be Wednesday evening. I explained that we had already given her the extra day and it was not convenient as we had booked time off work to inspect house and that on the Wednesday we had workman calling and needed the vacant possession. She became aggitated and bordering on abusive saying it was hard luck she wasnt ready.
The problems i find are that when i ring the tenancy advise line i get different answers depending on who i speak to. Today i was told as she stated Monday as her last day she had til midnight. We have kindly given her an extra day so to go round early in the morning Wed and take possession. If there is anything of hers in the house to store it securely and she has to go.
I called back to ask another question and explained again the situation, and was told if her stuff is stil in there we can not remove it and may have to apply to the tribunal to get vacant possession. I stated i did not know what "not ready" meant. and was told to "just rock up" and see what we find.This is all so frustrating giving all her other history.
Where do we stand??I have just recieved a text from her stating " I could not answer your earlier text as i was driving the removal van. (??? not moved out yet??) I spoke to the tribunal and they say i have til midnight tonight (tuesday) and can meet you tomorrow evening"
*It would appear she has told them her last day was Tuesday not the monday stated in her letter and has given "the extra carpet drying date" as her final date.
*Plus she is gaining ANOTHER day by stating she can do the inspection in the evening of the wednesday.HELP!!
I'm sorry to hear what an difficult time you are having. I would have thought that you could turn up Tuesday morning – an extra day for carpet drying time??? What rot!! I wish I had some good advice – good luck.
Cindy,
Go by what is in writing. If she is really not ready then so be it, you can always come back again…..
I'd go and do the inspection as per the written and then if it looks like the property is empty but for the steam clean then come back the next day. Take someone else with you as a witness.One previous property we rented we did the steam clean the day of the final inspection and the property manager was more than happy to watch out for the damp carpet.
I don't know where you stand on this from a legal standpoint, from a written standpoint you can show the tenant has exercised her right to end the tenancy early in writing.
Good luck please let us know how you go with this.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email Methe problem is she should have given up tenancy Monday midnight, its now tuesday she wants to extend to Wednesday…. and so it will go on
she is a disorganised scatty lady, and has been problematic since day one.
We have arranged workmen to come in Wednesday. have to paint and get ready for new tenant on Sat. she is making this now look impossible and we may have to cancel the carefully scheduled workmen.
This cant be right.
the tenancy advise people give different answers when you ring GrrrrrI'd contact the tenant, explaining that you will be there to collect the keys today at 7pm (for example) explain to her that there will be workmen turning up at 6am Wed and you with them to begin routine maintenance (less info for the tenant is better) don't engage with the tenant, argue or get involved in anyway. Remain calm, take a deep breath and explain calmly that you will be there at x time and that she should meet you there.
I'd also explain that since she has stayed an extra day you now expect an extra days rent which she can credit to your account (or pay whichever way she used to pay).
The idea is not to confront or argue or buy into any issues she has. They are not your issues, this is your property and your business and you should treat it as such.
If the carpet is not cleaned you need to work out which is better for you, her staying an extra day and cleaning the carpets or her leaving asap. You will not be able to have it both ways. The inspection has now been delayed and she will push it as much as she can now.
Either that or you can adopt the 'wait and see' method. I don't personally go for that method……….
Good Luck.
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeYes i think that option is probably the best..its just hard making sure you are on the right side of legal,
I have never experienced a person, let alone a tenant like her before, and hopefully never will again.Thank you
cindyc244 wrote:Hello we have a tenant who has been, shall we say, challenging from the day they moved in. Her lease expires on 28 may this year. (Saturday) but following a tribunal hearing she was given the option of ending it early in writing, which she chose to take. She gave her final day day as Monday 23rd, then went on to say as the carpets might not be dry she would like the final inspection on the tuesday evening. (thus gaining another day). The inspection was arranged, and this morning Tuesday i recieved a text stating she "is not ready" and the inspection will have to be Wednesday evening. I explained that we had already given her the extra day and it was not convenient as we had booked time off work to inspect house and that on the Wednesday we had workman calling and needed the vacant possession. She became aggitated and bordering on abusive saying it was hard luck she wasnt ready.
The problems i find are that when i ring the tenancy advise line i get different answers depending on who i speak to. Today i was told as she stated Monday as her last day she had til midnight. We have kindly given her an extra day so to go round early in the morning Wed and take possession. If there is anything of hers in the house to store it securely and she has to go.
I called back to ask another question and explained again the situation, and was told if her stuff is stil in there we can not remove it and may have to apply to the tribunal to get vacant possession. I stated i did not know what "not ready" meant. and was told to "just rock up" and see what we find.This is all so frustrating giving all her other history.
Where do we stand??I have just recieved a text from her stating " I could not answer your earlier text as i was driving the removal van. (??? not moved out yet??) I spoke to the tribunal and they say i have til midnight tonight (tuesday) and can meet you tomorrow evening"
*It would appear she has told them her last day was Tuesday not the monday stated in her letter and has given "the extra carpet drying date" as her final date.
*Plus she is gaining ANOTHER day by stating she can do the inspection in the evening of the wednesday.HELP!!
Cindy,
Unfortunately these things happen. I have been down this road before with tenants so here is what I did after contacting Residential Tenancy Agreement board. Yes I get an emergency hearing to remove my tenant. The court ruled they had to go. Like you they asked for an extra day which I provided. I got clear advice from the authorised board if they were not ready to go by the scheduled time 1) Put their stuff in storage 2) change the locks 3) if you are nervous of them have an official representative with you. You are legally entitled to take these steps & don't be scared to call her bluff
I'd go and do the inspection as per the written and then if it looks like the property is empty but for the steam clean then come back the next day. Take someone else with you as a witness.
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