All Topics / Legal & Accounting / Short Story, how I got my Tenant out.
Hi guys,
I almost got burnt by my last tenant
I self Managed and he stoped paying and then wouldn't move out. Made up BS excuses. Followed RTA.QLD website, did the right notices and evicted him but he was still there.
Lodged a dispute. Who knows how long they will take to reply.
A couple of days past and I thought I would have a look to see if they were still there. No car in sight but lights on.
So I knocked on the door and the Tenants mate Answered. Tenant was not there.
I called the police saying, the truth as always, I dont know who is in my apartment but the tenant was evicted last week. Its not him in the apartment, and they were evicted last week. There is possibly damages done, or maybe this guy is a squatter, he said he was a friend of the Tenant but it looks like he may be living there.
The police were great. They said they would have a look, find out who he is, and have a look around. (possible damages, no need for notice).
Well the guy answered the door for me in a flash but didnt open for the police. He was hiding stuff or something. We entered. they found some Marijuana, and scared the crap out of this guy. But being nice police they didn't charge him. The tenant was due home from work but didn't come. Police didn't want to kick the guy out as his young Daughter was upstairs. (Stuff the guy but a kid is a kid, pity she couldnt have a better father). Told me I could go to the Courthouse for a Warrant of Protection, and that it would get processed quickly.
The next day the apartment was dirty but empty.
He moved his furniture out of the house but in unsecured carport.
Can I take it?
Its abandoned? He still owes me $1000 Plus New Door, Locks, and fees to clean the place. There is no bond left. I want to take his stuff till he pays because going to court will take 1-2 months, then he still may not even pay.
Im curious as to if I can keep his stuff, however this story is here to Thank the Police a bit, there is so many horror stories, the Police really want to help. and hope for anyone else that gets into similar situation.
Happy Days.
Adrian Cahill | AdrianCahill.com Personal Development Expert
http://adriancahill.com/from-investor-to-coach/
Email Me | Phone MeHere since 2002, however things have evolved over the years.
Generally you are required to store it for a period of time, and the tenant can make an appointment to get it back. Have a chat to Consumer Affairs QLD to cover off your obligations. They may show up and declare the stuff is all rubbish and permit you to get rid of it straight away.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Would be a shame if someone "stole" it before you could get it into storage
Tony Fleming | Triumphant Property Group
http://www.triumphantpropertygroup.com.au
Email MeNSW Buyer's Agent specialising in Western Sydney-Blue Mountains-Orange-Albury
The Dark Knight wrote:Would be a shame if someone "stole" it before you could get it into storageYep. You mean that guy who came and got your stuff wasn’t a mate. Well I’ll be buggered. You’ll have to call the coppers then.
hahaha will see what happens. Will post an update at the end of it all.
Guys I just joined the Somersoft Forum for some reason (perhaps seeing if there were Townsville Investors on there) and there was a big write up about a woman losing lots on her property when the tenant went bankarupt. This was a commercial property. Mine is Residential. Still I feel really lucky and grateful to have come out with little costs and new experience. and possibly a new lounge.
Adrian Cahill | AdrianCahill.com Personal Development Expert
http://adriancahill.com/from-investor-to-coach/
Email Me | Phone MeHere since 2002, however things have evolved over the years.
adriannqld wrote:Hi guys,I almost got burnt by my last tenant
I self Managed and he stoped paying and then wouldn't move out. Made up BS excuses. Followed RTA.QLD website, did the right notices and evicted him but he was still there.
Lodged a dispute. Who knows how long they will take to reply.
A couple of days past and I thought I would have a look to see if they were still there. No car in sight but lights on.
So I knocked on the door and the Tenants mate Answered. Tenant was not there.
I called the police saying, the truth as always, I dont know who is in my apartment but the tenant was evicted last week. Its not him in the apartment, and they were evicted last week. There is possibly damages done, or maybe this guy is a squatter, he said he was a friend of the Tenant but it looks like he may be living there.
The police were great. They said they would have a look, find out who he is, and have a look around. (possible damages, no need for notice).
Well the guy answered the door for me in a flash but didnt open for the police. He was hiding stuff or something. We entered. they found some Marijuana, and scared the crap out of this guy. But being nice police they didn't charge him. The tenant was due home from work but didn't come. Police didn't want to kick the guy out as his young Daughter was upstairs. (Stuff the guy but a kid is a kid, pity she couldnt have a better father). Told me I could go to the Courthouse for a Warrant of Protection, and that it would get processed quickly.
The next day the apartment was dirty but empty.
He moved his furniture out of the house but in unsecured carport.
Can I take it?
Its abandoned? He still owes me $1000 Plus New Door, Locks, and fees to clean the place. There is no bond left. I want to take his stuff till he pays because going to court will take 1-2 months, then he still may not even pay.
Im curious as to if I can keep his stuff, however this story is here to Thank the Police a bit, there is so many horror stories, the Police really want to help. and hope for anyone else that gets into similar situation.
Happy Days.
Lucky you got some nice police. No you cannot take his stuff – how do you know it is his for starters. You need to look for the ‘abandoned goods act’ is similar and see what rights you may have to it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi all, I am facing similar situation in northern Brisbane where tenants were served eviction notice by COurt to vacate by today but my neighbours was telling me they are still there. The tenants were family of four, including a four and five year old. I have been advised by my property manager I would need to call police to evict them which could take another 2 weeks for the police to take action. So, do I have to opt for warrant for protection through court at the same time right now or…??? How long does the process that? At the same time, the tenants were owed $2000 plus rent which my property manager would go through another court procedures to claim that back. Any way to speed up the whole process to these tenants move out quicker and recoup my rent back? My pregnant wife is soon out of work for maternity leave and I am searching for job, certainly add some pressure on our financial situation. If any could advise us, that would be great help. THanks.
Sent you a personal message Shawn.
Ps. I hope you can claim this on Landlords Insurance
Adrian Cahill | AdrianCahill.com Personal Development Expert
http://adriancahill.com/from-investor-to-coach/
Email Me | Phone MeHere since 2002, however things have evolved over the years.
thanks Adrian. Will call u to find out more.
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