A little tricky minor PM situation?

[TMNT]

anybody give me a few pointers

long story short
got some tenants about 10 months ago, house took a little long to rent out, when rented out, the condition wasnt great,

tenants moved in, they personally are nice, have done some painting, gardened, and a few bits and bobs for maintenance by themselves,

they asked for some extra stuff eg aircon, so I installed

issue: they pay late everymonth, it goes to eviction notices, and they always catch up, only problem is I get charged $40 in fees per month for this priveliege, PM cant work out if its financial issues or just them being slack

this month its gone to eviction notice followed by VCAT tribunal date, which is a first time, PM has told them, keep this behaviour up and hte LL wont renew your lease, to which they responded, if we go to VCAT, our defence is that the toilet doesnt work, which is a first to any of us, (ive since had hte toilet fixed in a couple of days)

my view is, how can I get them out without them trashing the place, or stop paying rent once I give them their notice to vacate at the end of the lease, they will probably make it difficult to have inspections for other applicants to come through

PM has suggested a month to month periodic with a notice to vacate if they ever fall behind, which I suspect will happen in the first month

 

[DaveM]

Terminate lease with a no reason given termination, claim any losses on LL insurance, move onto new tenants.

House over head = money per week in rent. If they are not living up to their end of the contract, get in someone who will.

Re the toilet, they cant withhold rent due to maintenance issues. If they did not lodge a maintenance request on the toilet then thats no reason to not pay rent.

 

[pully]

get rid of them asap.

get tenants who will pay the rent.

maintenance issues are your responsibility.

 

[TMNT]

yeah agree, the point about the toilet was that it was the first we heard of it, so it cant be used as a mean of defence,

ive decided to terminate but im trying to minimise vandalism/withholding rent etc.

I guess the only way is to issue notice, and just hope it all goes well, whilst ensuring my LL insurance is up to date

 

[kathryn d]

Just assume all tenants will behave this way.

We have just spent the last 3 hours cleaning a bachelor suite (it isn't very big) andthat was just bagging up their crap...and it's a furnished suite.
Will tackle it again later..probably another 3 hrs work (for 2 people)

Absolutely disgusting !!
He started off as a 'good enough' tenant. Paid according to schedule every time.Place kept neat. He worked all the time. Ahead in rent. Then it all went downhill.

Lost his job. Hanging around with a 16 yr old girl (he is about 30)..he refers to her as his neice
The smell in there ...

His lease expired. We changed the locks.
Someone has been coming back to feed 2 cats, which are not permitted to be there (nice kitties)
Tomorrow we will take them to SPCA to find a nice forever home.

 

[Rhinsor]

What are you getting charged $40pm for?

the PM or VCAT?

If VCAT costs, can't you add the court fees ontop of the late rent and terminate request on the VCAT notice.

I've done it in Perth.

 

[schweedy]

Could you align a rental increase for the end of lease, the max you and pm think you could get away with at the tribunal. You could then either wait to get them out on late payments, or give them notice to vacate at the longest notice time, then keep taking them to vcat if they get behind, as they can still be evicted before the time is up if they dont pay. Its a long grueling process with no guarentees, but it wont begin until you start the ball rolling.
Here you can give notice at 90 days before end of lease that they are expected to vacate at the end of the lease, if you haven't missed that option, it may be worth jumping on that.

 

[esh]

yeah terminate them, also its good if rent is scheduled 3days prior due date so if it goes in arrears they can follow up and see what is going on and try to get their rent, not follow up after

 

[Jacaranda]

Not sure about the rules in VIC but in Qld if you go to court after the evition notice you get a Warrant of Pocession and basically the tenants are given about 10 days to get out. The police advise them the date they have to be out by then on the day the police will be there to ensure they are out and the locks can be changed.

So rather than having to give them 2 months notice (in QLD) when they can stay and don't pay rent and potentially damage the property and then may take time to get any money back either from tenant or insurance company at least taking the process to court limits the amount of money tenants owe.

Good luck

 

[Lil Skater]

Ideally you should've got onto this a month or two earlier and either served a 90 day end of lease NTV or 120 day no reason NTV.

Once the air has cooled you can issue a 120 day NTV (the tenant can challenge it) and they can start looking for a new place, they can give 14 days reciprocal notice, not ideal but gets them out.

You could try to evict them on consecutive breaches, but this is very hard.

 

[TMNT]

Ideally you should've got onto this a month or two earlier and either served a 90 day end of lease NTV or 120 day no reason NTV.

Once the air has cooled you can issue a 120 day NTV (the tenant can challenge it) and they can start looking for a new place, they can give 14 days reciprocal notice, not ideal but gets them out.

You could try to evict them on consecutive breaches, but this is very hard.

oh I didnt know that, i thought the NTV was standard 30 days for a periodic and 60 days for leases, and the reason for termination was irrelevant

that was my understanding

 

[badcliq]

oh I didnt know that, i thought the NTV was standard 30 days for a periodic and 60 days for leases, and the reason for termination was irrelevant

that was my understanding

Obviously time to change a better PM.

 

[Lil Skater]

oh I didnt know that, i thought the NTV was standard 30 days for a periodic and 60 days for leases, and the reason for termination was irrelevant

that was my understanding

Unfortunately not in Victoria.

There's so many notice periods and reasons to abide by, if you're not sure what you can issue or when check out the Consumer Affairs website or read through the tenancies act.

 

[MichaelGilbert]

You have to play hard ball.

Get them out ASAP.

If you keep having to go to Tribunal a number of times for this same reason (which sounds like you have) you can request Tribunal to order a notice to vacate that is enforceable regardless if they pay the rent.
Once the day comes around and they have not moved out order a warrant.

Do whatever is necessary to get them out. Because if you don't they will keep doing the same thing and leave them more time to damage the property.
Cut your loses.