Do we serve notice to evict if tenant is late for the 2nd month in a row?
- Thread starter CHam
- Start date
You can only terminate a lease for rent arrears if they are late by more than 14 days: http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s246.html
How late are they?
How late are they?
Thanks Aaron.
Unfortunately not late enough this month to enact an eviction notice (yet).
Last week they were 14 days late with half the payment.
Tenant claims they feel harrassed by the PM for payment - unfortunately I have zero sympathy when we are already out of pocket to 'house' them and even more so when they don't pay on time.
If it continues harrassment will be the least of their worries.
Some of these people really need to learn some responsibility.
Unfortunately not late enough this month to enact an eviction notice (yet).
Last week they were 14 days late with half the payment.
Tenant claims they feel harrassed by the PM for payment - unfortunately I have zero sympathy when we are already out of pocket to 'house' them and even more so when they don't pay on time.
If it continues harrassment will be the least of their worries.
Some of these people really need to learn some responsibility.
It's notoriously very difficult to remove tenants who are merely late in rental (as opposed to not paying it at all). VCAT may deem your actions as 'harsh' or 'unconscionable' to evict them after being late for payment, and let them basically live there rent-free until the hearing date.
Try a little reverse Psychology........... send direct to the tenant a really nice Christmas hamper with a lovely card wishing them all the best for a wonderful Christmas, it just may make them feel guilty enough to catch up the rent.
Worth a try !!!
Tip: Count to 10 before writing the card, don't tell them what you really think
Worth a try !!!
Tip: Count to 10 before writing the card, don't tell them what you really think
You do in normal circumstances.
Do you think a bank would reposses your property if you missed 1 repayment?
They would be writing you some pretty stern warnings sure and you might even get harrassed over the phone but it is pretty rare they would have you out even after 30 days of non payment.
Of course the bank does have your house as security so they can afford to be a little more relaxed where as a LL you only have 1 month rent in the form of a bond.
We gave a tenant a nice xmas present a week ago...an eviction notice. Their lease expires at the end of the month anyways..but they are in arrears too.
They go to tribunal next week, so we will be able to get judgement against them.
We offered them a payament schedule to catch..but that wasn't good enough..they wanted to pay nothing.
We have another family we expect to bring in the sheriff for eviction, within the next week.
happens every year around this time.
They go to tribunal next week, so we will be able to get judgement against them.
We offered them a payament schedule to catch..but that wasn't good enough..they wanted to pay nothing.
We have another family we expect to bring in the sheriff for eviction, within the next week.
happens every year around this time.
Thanks all.
Specialist - I like the idea but not sure my wife would be too enthusiastic
tom32 - Understand what you are saying but we wouldn't want anything like that on our credit history so we do the right thing. Pity others can't.
Kathryn - thanks for the heads up. We are fairly new so first experiences with annoying tenants
Specialist - I like the idea but not sure my wife would be too enthusiastic
tom32 - Understand what you are saying but we wouldn't want anything like that on our credit history so we do the right thing. Pity others can't.
Kathryn - thanks for the heads up. We are fairly new so first experiences with annoying tenants
CHam - Sounds like your tenants know the game. They have to be 14 full days in arrears to issue a notice to vacate (so the notice is issued first thing in the morning on day 15), THEN if they make some payment which brings them below 14 days in arrears within 3 business days of the 14 day notice to vacate being issued the notice to vacate is considered void and you have to wait to do it all again. Keep in mind that the notice to vacate must be sent via registered post each time (which is at a cost) and when you can finally make an application to VCAT (after 3 business days of sending the NTV with no payment from tenant) you have to wait up to 2 weeks for a hearing date.
And tenants complain about their rights???!!!!!
If they are feeling harassed from your PM then chances are your PM is doing the right thing, though they probably should have explained to you why they weren't issuing any notice to vacate.
And tenants complain about their rights???!!!!!
If they are feeling harassed from your PM then chances are your PM is doing the right thing, though they probably should have explained to you why they weren't issuing any notice to vacate
.Thanks all for your replies.
Based on your advice we will sit on it for the moment and see how it plays out over the next few months. It seems to be more trouble to issue notices than it is worth and unless they are not paying at all don't think we will bother.
We also have been advised this morning that they have paid the full amount today - I just can't get my head around these people who continually 'forget' to pay for something that I would consider reasonably important - a roof over their heads!
Based on your advice we will sit on it for the moment and see how it plays out over the next few months. It seems to be more trouble to issue notices than it is worth and unless they are not paying at all don't think we will bother.
We also have been advised this morning that they have paid the full amount today - I just can't get my head around these people who continually 'forget' to pay for something that I would consider reasonably important - a roof over their heads!
Try a little reverse Psychology........... send direct to the tenant a really nice Christmas hamper with a lovely card wishing them all the best for a wonderful Christmas, it just may make them feel guilty enough to catch up the rent.
Worth a try !!!
Tip: Count to 10 before writing the card, don't tell them what you really think
call me an old fart but 10 years ago, I may have done reverse psychology but in todays world, in my experience, people have become so rude and selfcentred that I dont even bother with it any more
haha, don't bother until they're 14 days late.. I am doing the EXACT same thing to my landlord right now because they are a complete !@#$! As soon as they send the termination notice, I pay to make it void.. then it starts all over again
I would have thought that was enough to get you a bad reference on the tenant database when you move out.
The obligation to pay rent (or any other bills) shouldnt be dependent upon whether the person you are paying is a nice person or not.... otherwise no-one would ever get paid!
"haha, don't bother until they're 14 days late.. I am doing the EXACT same thing to my landlord right now because they are a complete !@#$! As soon as they send the termination notice, I pay to make it void.. then it starts all over again"
Surely you can't be for real! Surely you are a troll - nothing else would make sense given some of the posts you make on this 'property investor's forum'. Excellent way to trash your rental history.
"Try a little reverse Psychology........... send direct to the tenant a really nice Christmas hamper with a lovely card wishing them all the best for a wonderful Christmas, it just may make them feel guilty enough to catch up the rent."
I'm with CHam's wife on this.
"Based on your advice we will sit on it for the moment and see how it plays out over the next few months. It seems to be more trouble to issue notices than it is worth and unless they are not paying at all don't think we will bother."
Issuing notices is a nuisance but please don't stop issuing them for this reason. Arrears could completely blow out and if you have not done everything in your power to ensure your rent is paid, you may have trouble if you try and put in an insurance claim for lost rent.
Although the worst rarely occurs, you must prepare for the worst case scenario each time - this is why good property managers are worth the money you pay them. They do a massive amount of work that many private landlords and overworked PMs never do and which may seem to be a bit over the top but following the rules and accurately documenting everything will keep you out of hot water.
Good luck with this one CHam.
Surely you can't be for real! Surely you are a troll - nothing else would make sense given some of the posts you make on this 'property investor's forum'. Excellent way to trash your rental history.
"Try a little reverse Psychology........... send direct to the tenant a really nice Christmas hamper with a lovely card wishing them all the best for a wonderful Christmas, it just may make them feel guilty enough to catch up the rent."
I'm with CHam's wife on this.
"Based on your advice we will sit on it for the moment and see how it plays out over the next few months. It seems to be more trouble to issue notices than it is worth and unless they are not paying at all don't think we will bother."
Issuing notices is a nuisance but please don't stop issuing them for this reason. Arrears could completely blow out and if you have not done everything in your power to ensure your rent is paid, you may have trouble if you try and put in an insurance claim for lost rent.
Although the worst rarely occurs, you must prepare for the worst case scenario each time - this is why good property managers are worth the money you pay them. They do a massive amount of work that many private landlords and overworked PMs never do and which may seem to be a bit over the top but following the rules and accurately documenting everything will keep you out of hot water.
Good luck with this one CHam.
haha, don't bother until they're 14 days late.. I am doing the EXACT same thing to my landlord right now because they are a complete !@#$! As soon as they send the termination notice, I pay to make it void.. then it starts all over again
Your true character comes out loud & clear in all the posts you've been making. I wonder why you always seem to have trouble with your Landlord & PM?
Lol i love this one!! Same tenants EVERY month are late or worse part pay which means i can never get them to the point of being able so serve a NTV, each month they give a different excuse, not only is it frustrating for owners who despite common misconception by tenants that they are loaded and can afford it, it is also very frustrating for PM's.
Last month i had a tenant who had gotten through the NTV, then app to VCAT made - I kept calling, emailing etc, he kept promising to come in and pay, i gave him EVERY opportunity to fix the situation, and 5 days before the hearing when i spoke to him again to impress the severity of the situation and told him that he needed to make having a roof over his head a priority as it was so very close to being taken away - he called me a rude ***** and how dare i tell him what his priorities should be!!! Lol i didn't bother trying to chase him after that, i got my eviction notice and evicted him a week later
I hate evictions, but this one i enjoyed!!!Cham, by the sounds of it your PM is doing the right thing if the tenant is claiming harassment - it means she/he is chasing them like a dog after a bone - they are trying to do the best they can within the constraints of the RTA, so unless you have other concerns you shouldn't transfer management of your property because it really isn't their fault. And who knows what type of PM you would get otherwise, i hear so many stories of PMs not chasing arrears at all and waiting until they are a month or two in arrears before they act.
Good luck, if it continues look at serving them a 90 day notice to end the fixed term tenancy and get them out at the end of the lease.
Try a little reverse Psychology........... send direct to the tenant a really nice Christmas hamper with a lovely card wishing them all the best for a wonderful Christmas, it just may make them feel guilty enough to catch up the rent.
Worth a try !!!
Tip: Count to 10 before writing the card, don't tell them what you really think
Don't stop sending the notices otherwise I can almost guarantee the tenant wont pay at all. Then you will be 3 weeks or more behind before you have even served the 14 day eviction.
In WA we have the option of going to a "Notice of Termination for Non-payment of Rent (Form 1B)" which gives them only 7 days with no breach notice. However its 3 weeks before it goes to court and they have the option of paying any time all rent that is due to make it invalid. If they go past the 7 days the court fee is their responsibility as well.
If it makes you feel better you get a form of revenge after the tenant moves out and your asked about their rental history.
If they are feeling harassed from your PM then chances are your PM is doing the right thing, though they probably should have explained to you why they weren't issuing any notice to vacate
I agree - if the PM is "harrassing them" then it sounds like you have a good PM. So they should be harrassed - and this is what you PM gets paid for.
As for the hamper - forget it. These are professional renters who know all the tricks and, as Bon has shown, they can be self-destructive pricks who will always blame the landlord for their own issues.
As for having no sympathy - so it should be. This is a business transaction, not a charity. Right attitude IMO. However, if they always paid on time but then suffered a death of a child, major work injury or something similarly horrific, I would definately give some serious slack.
