Action required - What are my rights?!

Viewing 13 posts - 1 through 13 (of 13 total)

julieanne_w
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@julieanne_w
Join Date: 2010
Post Count: 15
December 2, 2012 - 11:53 pm
Hi Guys
I manage my own property and rent each bedroom out separately. So there are 3 people living in my house each on their own rental agreement, each paying their own rent etc
I recently took on a new tenant and he's about 6 weeks into a 6 month contract. His house habits are causing problems with the other tenants and I have recently been informed that he's growing some "herbs" out in the back shed…
On these grounds, Can i kick him out?
What happens if I break the contract?
He has been late a few times with his rent, is that possibly also grounds for kicking him out?
Has anyone had a situation like this before?
Ideally I would love for him to get along with the others so that I don't have to go through the process of evicting him and finding another new tenant – Does anyone have any suggestions on how to achieve this?
Thanks for your help,
Julieanne
Rick sta
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@rick-sta
Join Date: 2011
Post Count: 120
December 3, 2012 - 1:42 am
If he's growing "herbs" at your house, there's a fair chance he's also smoking them there.
This is more than enough grounds for eviction in my books, however you would have to give him 30 days notice in writing I believe.
kong71286
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@kong71286
Join Date: 2009
Post Count: 261
December 3, 2012 - 2:13 am
What does the rental agreement state?
Have you issued a breach notice yet?
N@than
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@n-than
Join Date: 2010
Post Count: 241
December 3, 2012 - 3:56 am
I would take action straight away. I am no lawyer but if you are aware that he is growing drugs and let him to continue then if things turn bad you could be just as guilty as him?
Personally I think it is worth the extra hassle of having to find a new tenant. All part of it if you choose to manage the property privately.
Alasdair
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@alasdair
Join Date: 2005
Post Count: 34
December 3, 2012 - 4:26 am
Your tenant is breaking the law, call the police – problem solved.
Don Nicolussi
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@don
Join Date: 2005
Post Count: 1,086
December 3, 2012 - 4:42 am
Julieanne – maybe just talk to him. It sounds crazy but if it is not a good fit he may move on if you discuss your feelings about the issue. You have to consider the safety and well being of the other occupants and the effect that his behaviour may have on them.
If you are going to go down the formal path consider how time consuming and expensive this may be. Record keeping is really important. As stated it is a matter for the cops. Someone may receive a very large power bill as a result of the indoor garden so try and make sure you are not stuck with it.
Don Nicolussi | Property Fan
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Terryw
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@terryw
Join Date: 2001
Post Count: 16,213
December 3, 2012 - 10:59 am
Is your situation covered by a residential tenancy act? It may pay to check into this first. See also the tenants union in your state.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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thecrest
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@thecrest
Join Date: 2004
Post Count: 992
December 4, 2012 - 1:09 pm
Growing illegal dope in your property shows a complete disregard for everyone. Not much point discussing your feelings with someone who doesn't care. Take photos, get witnesses to inspect, call the police and send him on his way immediately.
Time to take out the trash.
Cheers
thecrest
thecrest | Tony Neale - Statewide Motel Brokers
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julieanne_w
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@julieanne_w
Join Date: 2010
Post Count: 15
December 4, 2012 - 8:56 pm
Thanks so much everyone for your comments. You've expanded my awareness around this issue. I'm going down to inspect the house on Thursday so will definitely take a camera with me. Depending on what I find I will then look into Breach notices/residential tenancy acts and possibly discussing the situation with him/calling the police. Thanks again
Alasdair
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@alasdair
Join Date: 2005
Post Count: 34
December 5, 2012 - 3:35 am
Considering the type of tenant that you are dealing with, as a safety precaution don't inspect the house on your own and consider bringing someone else along with you.
I do know of a landlord that confronted (diplomatically) his tenant over a breach in the rental agreement. However he was then physically threatened by his dodgy tenant and … tenant then put a restraining order on the landlord. Ended up in court costing $. The law really is an ass.
After that incident he now uses a property manager.
PropertyGuts
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@propertyguts
Join Date: 2010
Post Count: 57
December 5, 2012 - 4:02 am
sample some his herbs and chill out? Perhaps not!
Jacqui Middleton
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@jacm
Join Date: 2009
Post Count: 2,539
December 5, 2012 - 4:07 am
Premises being used to grow marijuana? That's "using premises for illegal purposes". That's a 14 day notice to vacate in VIC. Refer to page 2 of this doc:
http://www.consumer.vic.gov.au/library/forms/housing-and-accommodation/renting/notice-to-vacate-to-tenants-of-rented-premises.pdf
Just issue a notice to vacate and that's that.
Jacqui Middleton | Middleton Buyers Advocates
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jmsrachel
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@jmsrachel
Join Date: 2012
Post Count: 711
December 5, 2012 - 5:43 am
Probably best to check the “herbs” first before mentioning anything. Someone could have mistaken them for “herbs” but could be something totally different.