All Topics / Help Needed! / Tenant not vacating

Viewing 7 posts - 1 through 7 (of 7 total)
  • Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 232

    Hi guys,

    I have a tenant in my property whose lease ends in 2 weeks.

    If he does not leave at the end of the lease what is the procedure?

    Do I have to provide him with an eviction notice than go to vcat to get a warrant to have him kicked out?

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Try to find a tenant handbook that outlines the processes in your state.

    A quick google search should come up with something.

    We have one in the ACT that we used a couple of years back for a trouble tenant. It was a fantastic guide that clearly spelt out the rights/obligations of each party.

    We followed every process exactly as it was outlined and managed to get a good result.

    Don't forget to document/record everything.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
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    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of Nigel KibelNigel Kibel
    Participant
    @nigel-kibel
    Join Date: 2005
    Post Count: 1,425

    Whether a lease ends or not you still have to provide a 30 day letter to vacate. If a lease ends then it automatically goes on a month to month basis. 

    Are you managing this yourself or going through an agent?

    Frankly if you are going through a agent change them

    If you are managing the property yourself I suggest you either get an agent or make sure you understand the law.

    Ignorance will not be seen as an excuse

    Nigel Kibel | Property Know How
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    Profile photo of DWolfeDWolfe
    Participant
    @dwolfe
    Join Date: 2009
    Post Count: 1,253

    Have you given the tenant notice to vacate?

    In Victoria the lease continues on month by month once the lease expires, until you give notice to vacate.

    Has the tenant given any indication that they wish to vacate?

    Cheers

    D

    DWolfe | www.homestagers.com.au
    http://www.homestagers.com.au
    Email Me

    Profile photo of Paul DobsonPaul Dobson
    Participant
    @pauldobson
    Join Date: 2003
    Post Count: 1,196

    If you are self managing, I'd suggest you become very familiar with the Victorian rental handbook, available at:

    http://www.consumer.vic.gov.au/library/publications/housing-and-accommodation/renting/renting-a-home-a-guide-for-tenants.pdf

    and, as mentioned above, follow it's directions exactly.  The section you need starts on page 25.

    Cheers,  Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
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    An alternative way to finance your home.

    Profile photo of IP FreelyIP Freely
    Member
    @ip-freely
    Join Date: 2008
    Post Count: 353

    If the tenant hasn’t been advised in writing that you require vacant possession how are they going to know & more importantly how will you prove you have terminated the lease?

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    Sounds like you are self-managing.

    As others have said – grab a copy of the tenancy laws in your state and follow them to the letter of the law. Just because you self-manage doesn't mean you can operate outside the tenancy laws in your state.

    Always handy to have a copy in your files even if the property is professionally managed.

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