Empathise with their situation, but not condone their attitude. This is one of the drawbacks of renting. It is not your house, you may be inconvienienced if then LL changes their plans.
aren't tenants funny!
- Thread starter lizzie
- Start date
Empathise with their situation, but not condone their attitude. This is one of the drawbacks of renting. It is not your house, you may be inconvienienced if then LL changes their plans.
Just a minute guys. I am sure Lizzie said nothing about breaking a lease, so I would presume that the lease is either about to finish, or it is on a month to month. Bearing this in mind, I think you will find that she is well within her rights to ask for vacant possession, especially as she is planning on living there herself.
I assumed it is month to month too, and the tenant really just has to move.
The scenario I mentioned above involved a seller paying a tenant $10K to move before the fixed lease was up. These tenants are now in a similar position, with a second house being sold whilst they are on a fixed lease, and they are refusing to move, and I don't blame them. I know the vendors though, and cannot imagine them offering any money for the tenants to move.
Now the owners have peeved tenants, and a house that is not really the type that an investor will buy. Silly really. They should have left it empty.
correct. they didn't sign the lease last year for another 12 months. i think 60 days is more than fair (2 months/9.5 weeks) as most sale settlements are 5-6 weeks. pm has been forwarding them nice places they can move to.
bond etc is not a problem as his work is paying the rent.
i think the crux is that he only has 6 months left on his work contract and then are heading back to britain.
our side is that hubby's mother is going downhill with her dementia, but is still lucid most days and no problems with personal hygiene, and there is a perfect self-contained area in the house that his parents can move into if required - so remain fairly independent with help at hand. the thing is that, when she gets to that stage of needing more assistance they will need to move in then and there - not wait around for 6 months. they already get home help in for showering and cleaning.
Funny how tenants want it there way but are not willing to commit on contract which is a written agreement.
Cheers
Sheryn
In short you cannot make someone homeless, provided that they are paying their rent and not damaging the property - regardless of tenure of contract. After 60days if they have not moved, you could try taking them to court, but no court in Australia would force someone out under those circumstances. All the tenant would have to say is "we are trying to find something suitable, but cant".
so - who takes precedence? the homeless tenant because they weren't willing to compromise or the homeless owner who took all the right actions to move back into "their" property ... ?
If the tenant does not move out it will go to tribunal who will either extend the period the tenant has to move or will give them a date to vacate. If they do not vacate by the date the tribunal will give you the right to have them removed and the locks changed.
This said, just because a tenant gets cranky when told they have to leave does not mean that won't leave within the 60 days.
Tenants can't stay indefinitely regardless of whether they can or cannot find suitable accommodation.
Presumably the Tenant is just as capable as the Owner of picking up the phone and getting quotes for a motel room and storage facility. They can then take as long as they like and be as fussy as they like choosing what to rent next.
Either that, or to avoid all histrionics simply sign a fixed term Lease when it is offered to them by the Landlord and assume that it won't get extended when it expires.
Management of expectations and all that....
This is how real life works, make sure you are the one who is holding the strings.
We moved into an IP early this year and gave the tenants 60 days notice. 5 days before we were due to move in I called the agent to find out when the keys would be available. She said she'd let me know and when my husband called the next day she said they hadn't found a place yet and can they have another week or two. We'd found a tenant for the place we were in so we had to move in 4 days later. I asked what would happen if they didn't move out and she said we'd be the homeless ones as they have right to the property as they are currently residing there and so long as they move out within a reasonable timeframe we should just be happy they are leaving without fuss. Being a fairly delicate time for me at the time, I was quite emotional and the agent then found our tenants a vacant property on their books to move into 2 days later.
Nothing worse than the tenants pulling all the strings. Made for a very stressful move which ended up fine in the end.
Nothing worse than the tenants pulling all the strings. Made for a very stressful move which ended up fine in the end.
I always ask for 12 month leases, and are open to 2 years if the tenant wants. I will take 6 month terms, and I have gone month to month, but I always increase the rent at the end of each lease period (where possible) and when I let a tenant go month to month increased it as much as I could as often as I could. ( I really dont like month to month)
I've noticed agents can be sloppy in getting lease renewals done, I have to chase mine, perhaps its because I crossed out the clause in their agreement that gave them a fee for lease renewals, or perhaps its just they expect people to go month by month after the first lease period ends....
I've noticed agents can be sloppy in getting lease renewals done, I have to chase mine, perhaps its because I crossed out the clause in their agreement that gave them a fee for lease renewals, or perhaps its just they expect people to go month by month after the first lease period ends....
1) it's not their house.
2) if they want it so bad, maybe they can purchase it?
3) if not, then their living standards are being subsidised by the LL so why are they complaining exactly? they've had a 50% free ride (or more) for the time they've been there.
yay - pm called last night. i get keys back 2 weeks from yesterday. gives me 2.5 weeks to potter our stuff back to our ppor, clean and do some paint touchups instead of the expected 2.5 days.
boo - gotta move "again"!
ah - combustion fireplace, ocean views, swimming pool, spaaaaace here we come. can't wait. although going back to more renovations (actually - can't wait for this either)!
boo - gotta move "again"!
ah - combustion fireplace, ocean views, swimming pool, spaaaaace here we come. can't wait. although going back to more renovations (actually - can't wait for this either)!
Actually, a number of banks will offer a "repayment holiday".
Hi Rob
A period when 'payments' are not required does not stop the interest being charged and during the 'repayment holiday' (what a cute phrase!) the interest compounds to the loan
Alak! The unlucky landlord cannot offer the tenant a 'rent holiday' with the same terms and conditions as a 'repayment holiday'.
The landlord who suffers with tardy tenants suffers, indeed.
cheers
Kristine
It surprises me that PM's do not like 2 year leases however this has been my experience. As a tenant we asked for one for our current premises and without deferring it to the owner they said to my wife, no we don't like long term leases.
Anyway I can sympathise with the tennants in the OP, as precisely teh same thing has happened to me before working around Australia with teh company paynig my lease but me left trying to make leases fit with projects. Getting notice a month or two before project completion is not ideal. That said that's life isn't it. As you say you don't like it buy the house and sell it when you leave, but I would rather just pay a removalist $2k and move once or twice during project if necessary and sometimes these circumstances create opportunity. I remember having to find accom for 3 months in Brisbane and ended up living with teh 2 kids and missus in a 2 b.r. furnished apartment in kanga point, but the kids still say this is the best place they have lived due to the three communal pools!!!
Anyway it is cheaper than buying and selling short term, thats for sure!
I would have thought as an owner some long term surety is a good thing, as you say you would consider it?
This begs the question; do PM's get paid on each lease they sign up in addition to a weekly management fee? Because mine certainly did not like the sound of it, and we are about to be offered another 12month lease we are being told, so a two year lease would have been OK for the owner I presume, if they had bothered to ask?
Yes! Some more than others, depending on the agreement you have signed. Most of mine get a week rent, but I have heard of some that will get two weeks AND then charge for ingoing and outgoing reports as well as adding on a small amount to the tenancy agreement. Some will also charge a relet fee when the existing tenant re-signs a lease as well.
