Evicting a tenant with the Sheriff

[Alabex]

here is a story for you all....

The owner found the tenant themselves and agreed to rent their 800pw unit to him.. no reference checking etc. Asked us to prepare the leases and manage the property for them. We trying to exercise some due dilligence had the tenant fill out applications forms... basically to get some more information on him. He filled out the application poorly - he was self employed, no rental history... we advised the owner... they still wanted to go ahead. Aparently this tenant was a friend of friend and a good guy.

So in he goes. The tenant turns out to be a terrible payer... being a fairly tight community we slowly find out more and more people who know the tenant.... and stories start to emerge - he is a gambler, has a mental dissability etc etc....

he moves in July 07. Over the months/years he has been a constant problem with arrears. But he has the owners phone number so always manages to get the owner to give hime 'another week to pay'. despite our advice to terminate the tenants ability to talk to owner around has meant he has stayed in the property all this time.

Finally it is getting too much... we convinence the owner to evict him. He hasn't made a payment on rent since the begining of December and owes $17,000 in rent. UNBELIEVABLE i know. But despite our numerous recommendations to the owner to evict they continued to believe his sob stories and let him stay on.

So the tenant is given 2 weeks notice to vacate for non payment. He doesn't move out. We go to the tribunal.. which takes about a week. The tribunal give him an extra 2 weeks to move... he doesn't move.. it then takes about a week to get the relevant paperwork in line to book a sheriff. The owner asks us to tell the tenant a sherriff is coming to evict today, which the PM does. The tenant fires up at her, telling her it isn't fair he hasn't had enough notice... apparently the 6 weeks since the original eviction notice isn't enough!!!! He gets so agressive to her, she ends up having to terminate the conversation and hang up on him.

The sheriff eviction went ahead at midday, the tenant was furious. As he was being escorted from the building he made a throat slitting gestured at the PM....

Now comes the task of trying to recover some of the money for the owner... and keep our PM safe!

 

[Propertunity]

The owner found the tenant themselves and agreed to rent their 800pw unit to him.. no reference checking etc. Asked us to prepare the leases and manage the property for them.

I'm guessing that the moral of this story for your Agency is: never to put yourselves (or PM) in that position ever again?

 

[handyandy]

Only had the sheriff involved ones. Similar story yade yade but ended up with a unit full of furniture as in the process the tenant was locked out with all belongings still in place.

Called him pretending to be my solicitor threatening further legal action to recover monies proposed a deal where he could pick up his belongings if he paid all money owing which he accepted with money up front. Win for me got the money and didn't have to get rid of his stuff.

Obviously isn't going to work to cover $17k but then again with a $800 pw rent he may have some decent furniture.

Cheers

 

[skater]

I had one go to the sheriff. She had all the neighbours around, and we stood by as they, one by one, removed all the stuff she wanted from the house. She, with the help of the neighbours, made a big fuss because she had only been given 24 hours notice, and how unfair it all was. Insert appropriate swear words, gestures etc. Apparently, when you are given your marching orders, you don't count all the countless tribunal visits or letters to terminate....

The PM asked her, infront of various witnesses, including the sheriff, if she wanted any of the crap that she had left behind, and she said that we could send it all to the tip. Thank god, because there was a lot of crap, including furniture. We got rid of it all at our expense.

Around two months later, the PM gets a call from tenant, wanting to know if we had kept her crap. She informs the ex-tenant that, no, it was all gone and we have witnesses to prove that she had requested this. Apparently one of her "friends" was storing all the stuff she wanted, and had done a runner, taking all her furniture with her.

 

[wylie]

Apparently one of her "friends" was storing all the stuff she wanted, and had done a runner, taking all her furniture with her.

Bet you had a good chuckle over that one .

 

[Property Meister]

Apparently one of her "friends" was storing all the stuff she wanted, and had done a runner, taking all her furniture with her.

maybe its too early in the morning but.... i don't get it!

 

[BayView]

Around two months later, the PM gets a call from tenant, wanting to know if we had kept her crap. She informs the ex-tenant that, no, it was all gone and we have witnesses to prove that she had requested this. Apparently one of her "friends" was storing all the stuff she wanted, and had done a runner, taking all her furniture with her.

There is a god.

 

[Alabex]

our tenant is allowed back in tomorrow between 8 & 4 to collect the stuff. We have arranged for the police to accompany the PM to open the door... dont want to take any chances.

As for the moral for our agency.... there are always times when a landlord finds their own tenant and insists you put them in. most of the time it works out okay... the tenants often feel an obligation to the landlord who has done them a favour. When we think it is a bad idea we try to tell them otherwise but at the end of the day it is the landlords property and ultimately their decision...

the owner knows they didn't do the right thing and should have listened to our advise... but hindsight is a wonderful thing. I think the worst thing the landlord really did was to continue to take the tenants calls and give him extra time to pay again and again and again.. and refused to let us issue the termination notices... could have made the loss a whole lot less if the eviction went ahead 5 months ago!

 

[Francesco]

...

As for the moral for our agency.... there are always times when a landlord finds their own tenant and insists you put them in. most of the time it works out okay... the tenants often feel an obligation to the landlord who has done them a favour. When we think it is a bad idea we try to tell them otherwise but at the end of the day it is the landlords property and ultimately their decision...

the owner knows they didn't do the right thing and should have listened to our advise... but hindsight is a wonderful thing. I think the worst thing the landlord really did was to continue to take the tenants calls and give him extra time to pay again and again and again.. and refused to let us issue the termination notices... could have made the loss a whole lot less if the eviction went ahead 5 months ago!

Mum and dad landlord will soon sort out the personal confusion between the application of charity and investment objectives after borrowing for an IP!

 

[skater]

Bet you had a good chuckle over that one .

The PM called me. She was laughing so much I had to get her to repeat it. That was a good moment. I didn't believe in karma until that moment.

 

[skater]

maybe its too early in the morning but.... i don't get it!

The tenants "friend" stole her furniture.

 

[skater]

there are always times when a landlord finds their own tenant and insists you put them in. most of the time it works out okay... the tenants often feel an obligation to the landlord who has done them a favour. When we think it is a bad idea we try to tell them otherwise but at the end of the day it is the landlords property and ultimately their decision...

We have a dual occupancy. Every time the house at the back becomes vacant, we get neighbours & others knocking on the door (the front house is our ex-PPOR requesting to lease it. I always tell them the same thing. "I would really love to rent the place out to you, but you will have to go to the Real Estate Agent and fill in an application form."

When they tell me (as they usually do) "you don't need an agent, you know me, etc" the next thing I tell them is "I don't have enough experience to take the rent myself, so I let the Real Estate Agent do it all. They set the amount of rent. They choose the tenant. I don't have to worry about anything. I'm sure you won't have any problems"

Anyway, the current tenant did this usual thing and requested my house. His sister lives next door, and he wanted to be close. He has 2 kids and a girlfriend and they are only around 23yrs. They had already viewed the house last time it was vacant, but were scared of the Real Estate Agent. There were only a few applications and none of them were swish, so I said that we would give this young couple a go. They had been living separately, with their parents because, being so young, no-one would give them a go.

I mentioned to the sister, next door that we were buying a new PPOR and she said that she would be sorry to see us go, but that her mother would love to live in my house. I said my usual piece, and the mother filled in an application. It seems that the mother is a very good tenant and wants to stay their long term, as she hates moving. Was at her last place for five years and only wanted to move because the house is being sold. She was three weeks ahead in the rent.

I took no other applications for the PPOR, since her references checked out OK, and the mother moved into the house site unseen, paying considerable more in rent than most other rentals in the area (no, not because I am greedy, the house has a new granite kitchen, BIW's in each room, ducted aircon, etc. Most houses in the area are shaby.) This is only recent, but the mother is already a week ahead in rent, and when we have had to go to the back house, it has been immaculate.

 

[Alabex]

Hey skater - sounds like things are going well, and most of the time things are fine... at least your mother checked out with good references.

I dont think that people should never rent to their friends/family/neighbours but it is just a good idea to be safe and treat them like any other applicant (as you did!)

 

[skater]

I dont think that people should never rent to their friends/family/neighbours but it is just a good idea to be safe and treat them like any other applicant (as you did!)

LOL! There are A LOT of no good tenants out my way. I was just trying to make a point, that if you have the tenants, it may be better to get them to fill in an application, the same as a normal tenant. That way you can, at least, check their references, and if they don't check out, then you are not the bad guy, knocking them back. It is the PM's fault, because they get to choose the tenant. This approach has worked really well for me.