Evicting Tenants

Hey Guys,

Wanted to see if there is any advice or comforting stories out there along the same post.

Here is my spiel below:

I have had a property being tenanted out for now just over one year with the same tenants. It is in Slacks Creek, which borders Woodridge, Logan Central, etc in SEQld.

After the tenants extending the yearly lease, they are not deciding to pay for their rent....... During the first year, they were always late in paying the rent, but always came good. (My property agent said that these are the worst guys on his rent roll.....how comforting). Anyway, I was happy to extend the lease, even if it was a little bit of work for my manager to chase up late rent checks, as the property was rented out for nearly twice the market rent for the area. ($500/week).

Unfortunately, now however, after 2 Eviction notices have been sent and a failed appearance by my tenants in court at the small claims tribunal, it was all geared up today to serve a warrant of possession and eviction, with the local police station to get them out of my property.

Well, this time the police didn't turn up for the eviction, and the estate managers couldn't get onto them, apart from 'message bank'........I guess all the boys in blue were trying to stop all the crime in the area.......

Anyway, I am wondering what to do next.

Apparently, my estate manager has now confirmed a police officer to be present on Monday morning for the eviction.........I am glad I have got landlord and building insurance, as I think I may need to call upon these guys after they get the tenants out!!

If any guys out there has some advice, or a similar story, I would like to get their suggestions / stories...

Cheers in advance.
 
Hi Fudge,


See the link below for a recently posted similar scenario.


Unfortunately, never heard back from the poster, so the forum has no idea what actually happened in the wash up. Thats typical....and so the true learning hardly ever comes out.


No costs, no timeframes, no insurance payout details if any, the poster just vamoosed !!


http://www.somersoft.com/forums/showthread.php?t=52940


When yours is all over and you have new Tenants in, why not post up how it all went with detailed costs and timeframes and stress levels. Try not to bugger off half way thru.
 
We obviously have lots of similar stories running a property management business.

Just carry through with the eviction, get it back on the market and treat it as a business.

It will all work out, always does.
 
Hi Fudge,


See the link below for a recently posted similar scenario.


Unfortunately, never heard back from the poster, so the forum has no idea what actually happened in the wash up. Thats typical....and so the true learning hardly ever comes out.


No costs, no timeframes, no insurance payout details if any, the poster just vamoosed !!


http://www.somersoft.com/forums/showthread.php?t=52940


When yours is all over and you have new Tenants in, why not post up how it all went with detailed costs and timeframes and stress levels. Try not to bugger off half way thru.


It is funny how I can agree with everything you have said, just not the way you have said it. :rolleyes:
 
Being a lawyer rugrat, my personal expectations of you or any another lawyer agreeing to anything are exceptionally low...

The intent of my post was to have a quiet chat to Fudge and link in a similar experience which is what s/he requested. My intent was not to have you or any other lawyer agree or disagree with my post.

As repeated so often, I care not a jot re: the delivery method.

I prefer to deal in solid material of substance, not fluff.

Whoops....was that a hairy chest mo ?? :)
 
Being a lawyer rugrat, my personal expectations of you or any another lawyer agreeing to anything are exceptionally low...

The intent of my post was to have a quiet chat to Fudge and link in a similar experience which is what s/he requested. My intent was not to have you or any other lawyer agree or disagree with my post.

As repeated so often, I care not a jot re: the delivery method.

I prefer to deal in solid material of substance, not fluff.

Whoops....was that a hairy chest mo ?? :)


LOL
Although I should take offense at the lawyer comment - I am not actually a lawyer, Just got the degree. ;)
 
Yeah Marg,

Not really a stunner though.

I was as high as the moon when the tenants took it, as it was advertised more on a commercial arrangement, (as it has living area upstairs and a potential office / showroom downstairs). It fronts onto a busy road, so has alot of potential advertising capability. A family viewed it and was prepared to pay the 'commercial' type of rent.

This is the tenants second year (so got rent out of them for a year, even though some was late) and now, just into the extended lease, are not worrying about paying the rent. Maybe on the renewed lease agreement, I should have dropped the rent.:)

Regretfully now, I have to say, that the moon now is well and truly higher than me, considering my predicament.:(

Cheers
 
the property was rented out for nearly twice the market rent for the area. ($500/week).
Did you ask yourself why they were willing to pay so much more? Anybody willing to pay above market rent has me suspicious from the get-go.
Fudge said:
Anyway, I am wondering what to do next.
Just go through the process guided by your PM. If it costs you anything less than about $10K to fix it up, then you're still in front, right, because of the higher rent they've been paying? :)
 
Unfortunately, never heard back from the poster, so the forum has no idea what actually happened in the wash up. Thats typical....and so the true learning hardly ever comes out.

No costs, no timeframes, no insurance payout details if any, the poster just vamoosed !!

Maybe the tenant got the better of them, one way or another.

Cheers
Greg
 
Good way of looking at it ozperp....

Anyway, a nervous weekend thinking about what would go wrong, and finally the phonecall from my realestate agent comes in at arond 1100hrs.

He was currently on site with the real estate owner, locksmith and police. The tenants were kicked out.....however, there was still some of their furniture in it.

The real estate owner said to me, as the keys have been changed, the tenants will nedeed to go to the office tomorrow, and they will be escorted to the property. If dont come in tomorrow, the agents will get their handyman to go in and remove all furnishings and put them in the front yard??

Apparently the tenants were having a hard time moving out, even with the police guys there. It did take some effort.

My manager said the property is in ok shape at the moment, but I will have to reassess after they remove all their belongings. Managers will do a inventory and inspection after gear gets out to access what the damage is.

With this, I may then need to call on my insurance company for damages / loss of rent/ court fees, etc. I might give insurance a call tomorrow, just to let them know.

Cheers,

Anyway,
 
OK....

It has been 4 days (Monday) since the police went to the property with my managing agents to get the tenants out........

The tenants were supposed to come back on Tuesday to the Real Estate Office to arrange to go and get their gear back. (As they left a fair bit of their belongings in the house.), and the locks had all been changed.

Well no surprises....they didn't go back, so the agents hired removalists to get their stuff out on Wednesday. It is currently being stored in containers at a storage place. Stuff includes pc's laptops, LCD TV's etc.

The bad new's is that by law, I have to store (and therefore pay for) there gear in a container for 3 months. After this time, I am able to auction the goods, and try and get some of my money back.

In the meantime, if they come back to get their gear from storage, my managers said they have to pay for unpaid rent, previous damage they did to house, rental fees for container storage amd cleaning carpets / professional clean. Once this is paid, they get their gear...........I guess that is some leverage anyway........

Anyway I have cleaners going over the weekend to do a clean and carpet steam.

Managers said that the property hasn't looked like it has been broken into (since Monday)........which is a bonus.....and he is taking another prospective tenant around there today.....fingers crossed.

I will post another blurb about the tribunal hearing later on, to hopefully inform people maybe what to expect.....This is after me going through the paperwork first .....

Cheers,
 
Hi Fudge,


Thanks for getting back to the forum with some of the after effects.


Let us know what the final wash-up is if/when the insurance co. finally puts their hand in their pocket.


another prospective tenant


May I suggest that you have a jolly good look at these folk before they wander in and heaven forbid, the whole merry circus starts again. Don't rely totally on what the REA says or does. Get in there and re-assure yourself that your Tenants are going to do what they sign up for.
 
Got a similar problem brewing.

Continually late, illegal dog, refusing to let agent inspect (claimed never got letter), given notice 5 times, up to our 3 court appearances, jusy been given eviciton approval.

Keep us informed as I will do the same.

Peter
 
Thanks Fudge for updating us. Dazz is right. It is often frustrating when we don't know what the end result was as the purpose of these types of forums is to share our knowledge and experiences for the benefit of each other. Dazz has certainly done that.
 
FYI my situation is:

Court granted eviction.
Police arrived to give notice of eviction.
Tenant called Agent like WTF?????
Agent said , I told you, I told you, I told you, I warned you, I warned you, we went to court 1st time, 2nd time and now 3rd time, why are you suprised!
Tenant abused police (smart move as they have to come back)

Bad news is because Police are busy, eviction is 14 days away. Could have been 1 day.

I expect outcome of;

  • no more rent,
  • no care on leaving,
  • not cleaned
  • damage to repair
and assume:
  • insurance company to play hard ball ( because they always do).

My plan is to fix ASAP and re rent and put it down to learning experience.

As you can read tenant was given heaps of chances to meet us half way but essentially bad people who dont care. Also thier profile was not typical bad tenant FYI.

At least Agent can ensure via database they will not rent easily in the area again and it should rent for more to offset, slightly, lots of costs.

Peter
 
QUOTE]Originally Posted by skater
Sorry to be the bearer of bad news, but I have NEVER had any money paid back from a Court Order. It only ends up costing you more & more money to try to re-coup anything.You don't stand a chance on this one, as I feel these guys have been there, done that, and are lifelong freeloaders.
[/QUOTE]

Just thought I would post an update on this quote from the thread that Dazz dragged up. Some unexpected GOOD news. I have a tenant that I removed long before Christmas. Owed me a couple of thousand dollars in back rent and damages. Had a Court Order in place to pay me $50pw, but didn't really expect her to pay it.

Well........surprise! Surprise! She has been paying it without fail EVERY week since she was given her marching orders. :D

I think she is under the impression that her listing on TICA will be removed once the debt is finalised, which it won't because she not only continually was late, but she caused damage to the property.

Anyway, it just shows that there is a rare creature out there who actually does pay their Court Order.
 
I have a property in Woodridge that had the first 2 tenants evicted in the first 18 months. Dificult to keep up the mortgage payments without getting muych rent, right at the time of the sky high interest rates. Dificult to keep up with PM until I made the decision to call her everyday, and get her to recite the plan of action each day until it was finalised. In both cases claimed and got insurance for lost rent and damages, which were mostly just carpet cleaning etc. When the rent is paid, its a 7% yield on purchase price, and the revaluation after 18months showed a 30% increase, so all in all I'm still pretty happy with it.
 
Dificult to keep up with PM until I made the decision to call her everyday, and get her to recite the plan of action each day until it was finalised.

Would it not be simpler to find a PM who does their job without you having to go to all this trouble?
 
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