The sooner the tenant is evicted the better. He has proven to be a bad tenant, no more proof required.
Try to avoid getting involved with holding tenant possessions – it’s a minefield, you are responsible for their safekeeping and insuring them during the holding period, and they can claim you have damaged the goods in storage or transfer. Better to let them have the lot and let the bailiff seize their goods ready for auction on behalf of the court later if they don’t pay the court orders.Usually the bailiff or sheriff (depending which state you’re in) is accompanied at lockout time by you and your locksmith, ready for the bailiff to officially hand you possession and you change the locks.
It’s a mess that has developed due to your inexperience, whereas an experienced and professional PM would not have allowed to happen in the first place, but that’s part of your learning process. Setting strict policies for rent arrears and not diluting them in the face of sob stories is what professional PMs do. Now you know what to do next time.
Good luck
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Well said “thecrest”. Yes setting boundaries is the right way to go- that sit within the law.
I don’t know if a lawyer would contact you- that is for the law and I am not a lawyer.
Holding property is a minefield and yes one you don’t want to get involved in.
Like it or not- it is the property managers job to do the work. For what you pay them- it is really a small price to pay to have someone do the work. Do you service your own car? You get a mechanic to do it because they know cars. Do you extract your own teeth? You get a dentist to do it because they are trained. I know a lot on this forum try to save themselves money by doing it themselves but get into more difficulty which in the end costs a whole lot more. AND do they take into consideration the cost of their own time? We should all put a very high price on the value of our own time.
There are a lot of good people who are real estate agents doing their job. I don’t understand the propensity to bring down the value of what they do. Most often it is not the agent who is bad – it is the lack of understanding about how the system or the law works. Very often the law says one thing but how it plays out in court is quite different to how you expect.Well tenant has just sms'd me saying my keys are in the meter box, so going to go over and see tonight with a friend and take photos of everything.
If its ok I'll call up the magistrates court and see what the process is and if i have to cancel the bailiff and if i can get a refund.
So just got back from the IP. Tenants have removed all belongings from the house and garage except 2 CRT tv's, a lounge and a few car parts.
No damage to the house by tenant but very dirty walls and floors need a days clean, paint chipped off some walls and some skirting board has been cracked or fallen off. I'll leave as wear and tear.
Took a few dozen high resolution photos of inside, backyard and garage.
I'll give the magistrates court a call tomorrow and go from their.
Excellent result so far.
Usually in this situation, you need to mitigate any losses by doing whatever is necessary to re-let the property as quickly as possible.
The insurance company requires this, as well as any court decision, to enable you to make a claim.
Under the abandoned goods act (in NSW), if valid in your state, you can dispose of any goods at your sole discretion if the debt exceeds their value and or if the value is below some level like $1K or whatever is the limit in WA if that’s where you are. A chamber magistrate at the local courthouse can tell you that situation.
Going well.
Cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Called the Magistrates Court and Bailiff Office.
Property Seizure & Delivery Order has now been cancelled by the Magistrates court after emailing them both with details.
They are going to send me a cheque for $368.40 not including the application fee which was $66.RyanJD wrote:. . . .Tenants have removed all belongings from the house and garage except 2 CRT tv's, a lounge and a few car parts. . . . .It’s amazing how these ugly duckling abandoned goods can transform themselves into swans and treasures while in your care, next week they could be priceless and rare parts and a spotless beautiful lounge in immaculate condition worth thousands but poor departing tenant had a sore back from moving furniture and had to leave them to be picked up later.
I suggest you CYA and find out how you can legally rid yourself of this rubbish.
Cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Good work.
Get those locks changed !
Dubstep wrote:Good work.
Get those locks changed !
Will indeed tomorrow! Going to head to bunnings and look for new locks and possible a new front door, tenants decided to paint the door with wall paint that was in the garage from previous reno! haha
Already feel the reno bug crawling inside so better not let it excape to much. With four days off it'll be back to new near by the weekend.Need to call the insurance company as it looks like a couple wet spots on the ceiling due to the bad Perth weather last month.
Looks like the new tenancy act has been pushed back until October 2012 according to REIWA so they'll give me some time to go through the new 144 page act! http://reiwa.com.au/reiwatv/reiwatv.aspx
Currently got my eye on a few auctions this and next month so I wanna get this place back to normal so I can buy again
Good on you RyanJD. That bug is hard to shake once it gets to you.
I hope you buy well.
They are saying the property market has turned the corner here in Melbourne (which I suspected) so probably good time to pick up some good buys before too many people figure that out and get back into the market and push prices up.
CheersWomeninPropMelb wrote:Good on you RyanJD. That bug is hard to shake once it gets to you. I hope you buy well. They are saying the property market has turned the corner here in Melbourne (which I suspected) so probably good time to pick up some good buys before too many people figure that out and get back into the market and push prices up. CheersThe property market for lower end suburbs in Perth within 15km of our CBD have jumped majorly in price. The suburb my IP is in, 11km from the CBD houses that were selling for $310-320K at the start of the year are selling for $340-360K+ and are selling quick unfortunatly.
I actually hoped they would go down in price for awhile but people believe the interest rates will stay down for a long time so are buying instead of renting. At the moment it is cheaper to buy then rent but getting that deposit for some people is extremely hard.
Well that is good for the property market but not good for investors… well in some senses.
I just dont get the way the press promotes these things.. they are all doom and gloom here and last night on the Tv first time they are saying it has turned around.
But try finding a bargain! Pft… no where to be found!!
Good luck- I hope you can find a bargain…. shhh dont tell anyone where until you have it secured… THEN TELL THE WORLD so you create demand and increases your equity!!WomeninPropMelb wrote:Well that is good for the property market but not good for investors… well in some senses. I just dont get the way the press promotes these things.. they are all doom and gloom here and last night on the Tv first time they are saying it has turned around. But try finding a bargain! Pft… no where to be found!! Good luck- I hope you can find a bargain…. shhh dont tell anyone where until you have it secured… THEN TELL THE WORLD so you create demand and increases your equity!!You should see the perthnow and news.com websites. Each week the stories change, great time to buy, bad time to buy. They love choosing the different sources for statistics. Everyone knows they are 50% right 50% of the time.
The house is nearly as clean as it will get, about 5 hours washing the walls but still not getting some of the marks out. 3 hours just cleaning the kitchen.
I advertised the house this morning on gumtree for $450 a week as the other person who was interested already got a house.
Got about 12 calls during the day, 7 emails and had 5 people view the property today!Had to spend about $60 on cleaning products, $150 for new locks on the doors and windows as the tenant didn't give most of the keys back.
Told the tenant it's a possible $1000 fine for not providing a forwarding address. Got nice words back. No mail for him
Well after calling the bond administrator yesterday arvo to find out where my bond money was the girl on the phone said it was waiting for approval from a manager. Well after the call i checked a few hours later and the money was deposited into my bank account.
Still waiting for the refund from the property seizure and delivery order which the court said its approved but the cheque needs to be made.
I'm going to wait another month to make sure my old tenants house is built and moved into so i can do a government search and then have a court order delivered for the rest of the money owed.
Currently have new tenants in the place and so far so good!
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