DEAD BEAT Tenant AKA "The Tenant From Hell!"

Hi All,

Let me tell you a little story about the Tenant from HELL...

Daffodil was a married woman, but a disagreement with her husband left her a woman scorned --- she left the settlement with custody of her 8 year old daughter.

About 15 months ago, she found a place to rent - in a nice little suburb close to the city and a short walk to public transport. She knew she would have trouble keeping up with the rent, but she liked the place, so she negotiated with the landlord for a price more to her liking (in truth, the landlord wasn't all that concerned with the rental amount - he just wanted a good tenant that would pay on time, look after the property, etc).

So he agreed.

About 7 months ago, Daffodil fell behind on her rental. At first it was just a little, but then the gap grew, and instead of paying the "agreed" and contracted amount, she would only pay 1/2 to a 1/3 of her rent - and sometimes nothing at all.

Eventually, it got to the point where the PM had the earnest landlord take legal action through the tribunal. The agent appeared several times before the tribunal (on behalf of the landlord - the landlord did have a business to run, food to put on the table, and bills to pay!)

The tenant was given several months to get her things together.

"What a relief!!!" thought the landlord. "I can finally get someone in who will pay the rent!"

Several notices were sent to Daffodil, informing her of the upcoming arrangements to have her "ejected" from the property.

And then, finally... after weeks upon weeks of wait, the final notice came to have Daffodil removed from the property. She was given 2 weeks (or thereabouts) to move her things, and vacate the premises!

So, the packing began. Since her tenure at this particular property, (which, was perhaps a little too large for their needs...) Daffodil had actually acquired a great many things -- just little nicnacs to fill up the home, mind you!

The agent came around several times to inspect the property, (during the eviction period) and he reported finding it... dirty!

Several weeks after the eviction notice had been issued, (and Daffodil had no right to be on the property anymore) the landlord arrived and personally gave the place a quick once over. This is what he noticed...

... his first assessment was that the place looked like a 'darn' pig sty! The grass outside had grown to about waist level... weeds covered the pathways, walkways, around the pool, garden - in fact, everywhere (it just looked like one 'giant' weed!)... the carpets were dirty (brand new carpets were put in only 18 months ago, at a cost of $11K)... the 'granite' bathroom basin was 'broken'... an upstairs window was 'cracked'... on of the sliding doors was found 'broken'... the toilet was the dirtiest little cesspool that anyone had ever laid eyes on - leaving the poor landlord forever scarred, (with that image forever etched into his soul) but worst of all...

... was all the crap they left behind in plastic bags! Littered all the way up the stairway... in the living room... in the foyer... in the garage... and outside on the side walk - all to be picked up later!

Over the next 3 weeks, the poor landlord would come and inspect the property (on a Sunday - his 'only' day off) only to find that agonizingly little had been done with the 'excess' proliferating the insides and outsides of the house.

Just recently, the agent called in the Sherriff, and Daffodil removed the rest of her things from the place she had called home. But not without dropping a little suprise for the 'unsuspecting' landlord...

A little suprise from the "Residential Tenancy Tribunal".

Daffodil wanted all her bond money back, plus a little bit extra... OR $10,000. Whichever was fine with her!

Apparently, during the before mentioned 3 week period, the agent would allow her (Daffodil) into the property several times to remove her things. Then, because she didn't have anywhere to put them, (the place she is currently renting is significantly smaller, and more in line with her 'budget' - also the PM declined her request for a reference) she dumped them around the outside of the property.

But mother nature called.

The resultant storms, and rainy weather 'water logged' some of her furniture (which had been sitting outside for at least a week or two)... also, some items that were left outside were reported to be stolen - Oh my, what a BIG suprise!

The landlord thought that particularly strange. He had thought that the items contained in the plastic bags were rubbish that needed to be thrown away (they certainly didn't look very valuable) - and isn't it 'unspoken' custom in Australia, that by leaving things outside on the public footpath, you're vitually giving them away?

But that isn't his ONLY problem. There's the bill for damages that's going to be anywhere from $5,000 to $7,000... There's lost rent of about $8,000, including the month of 'no rent' that it's going to take to fix everything up, before it's in a good state to rent to another tenant.

In short, this tenant is sueing for $10,000. Will her claim be successful? Who knows. The landlord and his family can hope for the best, but the Tribunal has been known to hand out ridiculous verdicts, entirely in favour of the tenants -- regardless of whose fault it is.

End of story: A happy ending, I hope!
 
That is just beyond awful.

Amazing how many chronic incompetents in this world end up severely damaging the very people who try to help them.The opressed somehow manage to become the opressors.

May the forces be with the landlord.
 
Amen!

I pray for the same thing also.

What has me really 'fired up' is that this particular landlord works a 90 hour week... has a family of 5 to take care of, and isn't a large property investor. He only owns 2 IPs... he's in his mid 50's and has a heart condition.

He's also the nicest guy you could ever meet - I've known him all my life!

This is exactly the sort of thing he 'doesn't' need.
 
I haven't met the PM myself, but apparently he's very young - possibly equates to inexperience?

But that's all speculation.

Does anyone have an idea on how this could turn out? Or are things likely to get very UGLY? :(
 
Kristine is probably needed here.

However, one means of fighting back is to file a cross claim. Ensure that what she claims as damages to her are claimed as damages to you - eg the plastic bags SHE placed around the property were litter and trespass. Photos of the interior and exterior. The bond is obviously insufficient - he should seek an order for garnishment of part of her pension.

Putting all that to her, especially with nice copies of the photos and a summary claim of damages much higher than hers, with an offer that if she drops the action IMMEDIATELY he will do the same, but not otherwise puts the white hat on him. He can explain to the tribunal that he still had sympathy for her until she ruined his property and tried to sue him. Reasonable to the last, he even tried not to take this course but SHE has FORCED him.

"When seeking equity, the applicant must come with clean hands".

Professional legal advice is critical for him now.
 
Hi,

Becareful the Sydney Morning Herald doesnt write up a story about how the wealthy Landlord is kicking out a single mum who has no where else to go!

Regards
Michael
 
Michael,

The landlord isn't exactly wealthy...

And this tenant gave the PM so much trouble, that he couldn't with a good conscience give her a referral or reccommendation!

Cross claim is a good idea!

The landlord in question has already taken photos of the property (though the plastic bags were long gone, by the time the photos were taken!)

But yes, I think a cross claim is definately one of the things to do!
 
Hi Solomon

Stories such as this are enough to make strong men faint, and women weep.

This is where Landlord's Insurance is so important.

Assuming your Landlord has this insurance, he should make sure he lodges a claim with the Insurance Company as soon as possible so that they can get an assessor out to the property early in the claim.

It's no good doing all the work yourself and then claiming, they can't accept claims after the work is done if they haven't had a chance to assess the job first.

Regarding the Tribunal, this lady's file with the property manager should be documented sufficiently regarding phone calls, notices, hearings and inspection reports etc to make a strong and factual case at the Tribunal.

The Landlord should immediately make factual documentation of all this information including photos etc and professional quotes for cleaning and restoration of the property. He should then make application to the Tribunal for these costs to be awarded to him. Once the costs are accepted (and keep in mind that I'm not familiar with the Queensland system) he can engage the Sherriff to chase recovery of the debt.

Other than that, if he has already commenced the work, it is his word against the tenant and unfortunately the horse has certainly bolted.

It is very tempting for a property owner to just get stuck into the work, but in a legal situation it is vital not to do that. Insurance and professional quotes are an absolute must, without those estimates the damage is hearsay and not usually admissable in a court of law.

Regarding the tenant attempting to recover damages for belongings left at the property with the landlord's permission, technically if the landlord gave permission it would have been very important to determine at the time of giving permission who would be responsible for the goods. Residential tenancy acts have strict criteria regarding goods abandoned at premises and unless the goods are perishable ie foodstuffs, the landlord must exercise reasonable care in removing the goods from the property and storing them for (usually) 28 days. The tenant must be notified of the situation of the goods and the cost of redeeming the goods. If the tenant then arrives with the money to pay for the removal and storage of the goods - but not the rent arrears - the landlord cannot hold the goods against payment of the rent, but must allow the tenant to recover the goods.

If furniture and other belongings were left outside the house but on the property and the landlord knew about this, the argument will turn on the extent of the landlord's knowledge and consent and thus their responsibility toward the tenant.

Unfortunately, the tenant will have access to Legal Aid but the landlord won't as this is a civil matter. The property manager should be able to refer the landlord to the agency's usual solicitor for advice.

Personally, I wouldn't advise the landlord to get too caught up in a bun fight. Time, stress and money will prolong the agony of this situation well past it's use by date.

Insurance, legal advice, action and reletting. After my own distress of last year I have issued strict instructions to my property manager that I have now adopted a Zero Tolerance policy regarding rent payments, keeping the place tidy etc. Your landlord acted as if he was obliged to the tenant for some reason and this tenant, mistaking kindness for weakness, went for the jugular.

Sometimes we have to surrender ourselves to a situation as our own self respect is far more important than prolonging tension and exposing ourselves to bitterness.

But in future, no contact with the tenant, everything to be done through the Agency, appropriate insurance and act swiftly if the situation looks as if it may become unreliable.

Hope it turns out OK for the landlord and his family

Best wishes

Kristine
 
Thanks Kristine,

The tenant only moved out her goods when the sherriff came to eject her from the property (having long over-stayed her welcome). Neither the landlord nor the PM ever touched the items in question.

Daffodil (which isn't her real name) left her stuff on the outside of the property (on the lawn, and sidewalk) her own self!

She just treated the property as her own storage space, and to pick up things (at her leisure) as she pleased. It was everyone's assumption that she would make several trips to pick everything up, but some items were just left there -- for as long as 3 weeks.

The tenant never requested storage space for her items from the PM or the landlord... and I don't think it's normal practice to just 'assume' that a tenant will need it (and to hire storage space by default?)

Solomon
 
Solomon said:
Michael,

The landlord isn't exactly wealthy...

You'ld be surprised what facts the media can dismiss when seeking a good story. However the comment was to highlight the issues with dealing with people and the idea of adults having a sense of personal responsibility for their actions.

I know a case of parallel circumstances ie person in question was given above and beyond opporunities and in the end didn't appreciate what was being offered then turns against those trying to help them.

However the facts are surpressed - in this example it could have been written that...

- the tenant was coerced into a property they couldnt afford in the first place

- that they didnt understand the contract they were signing and had no independant legal advice

- that they were unfairly targeted as someone who would rent because they couldnt afford to buy

- that in the time of need they were evicted

- that the landlord did not do EVERYTHING in their power to provide assistance in protecting the tenants goods.

the list could go on - however in our society - what level of duty of care are landlords required to give and what level of personal and financial responsibility are tenants expected to uphold?

Regards
Michael G
 
Perhaps what we need to do is get to the media FIRST.

Tenant from hell stories are perrty good fare too, and they come with pictures.

I'm not suggesting it in this case - solomon's friend doesn't sound like the sort of person who can stand up to the pressure, just more something to think about.
 
Take photos.

LOTS AND LOTS AND LOTS AND LOTS of photos.

Take them with a digital camera and print them out in glorious colour in A4.

Then make sure you attend the hearing with the property manager.

Take the photo album with you.

Also take with you an affidavit and an invoice from the capet layin dude to say that the carpets were brand new, and in a magnificent condition, as was the rest of the house.

Can the carpets be cleaned or do they need to be replaced.

If they need replacing, find the worst, grubbiest, crappiest bit of carpet and cut a piece out, about a foot square, or preferably just big enough to fit into the large ziploc freezer bags. Put the piece into the freezer bag and ziploc it.
In the interim betwixt now and tribunal date, it will 'season' in the sealed bag.

When you get into tribunal, lovingly take the piece out of the bag, and sit it on the piece of plastic.

The room the tribunal hearing is in is usually not large, trust me, the judge will smell it. Nothing like the wonders of smellavision. When he asks what that smell is, just say, quietly, politely, SADLY; "Oh, *sniff* Sir, *sniff* I brought a piece of carpet to show you how this tenant left the property *sniff*. I'm so sorry, Sir, I couldn't bring a REALLY BAD Piece *sniff* Coz we couldn't get close enough to cut it out."

By the way, if your hearing is in BNE, the judge is a really nice guy. He's very sensible, and does NOT usually just take the tenant's word. He gets pissed off by people who don't show up, and by people who are not respectful in his court. Turn up in a good mood (relative to the case), and never speak to him angrilly. He really is a nice guy. Have met him a couple of times, and have not lost a case in front of him. (Both were inherited problems from before I got to the agency).

Good luck.

asy. :D
 
*update*

Good News at long last! :)

The hearning commenced, and the verdict was found in favour of the landlord.

Proceedings have started against the tenant to recover lost rent - and not a single cent has been recovered so far, but we are moderately *optimistic* that things are going to work out for the best!

Solomon
 
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