Eviction - Tenants possessions

D

Doovalacky

After a couple months of back in forth in court trying to evict tenants I got a "agreement" that the tenant had to move out in two weeks, Thursday (21/April), and was assigned the complete bond to cover part of the unpaid rent. I'm still owed about 8 weeks rent at this point.
Tenant has been claiming hardship due to their kids/finding a new rental entire time to delay.

As I suspected would happen they have failed to move out. With Easter weekend its Wednesday until I can file for a bailiff.

My question is I have had a couple people tell me different things about their possessions after the eviction.
1) I have to store them for 12months
2) Its treated the same way as abandoned goods 60 days storage/court etc.
3) With an eviction I can dump their crap on the driveway...

The property is in WA.

Edit: Correction its 8 weeks total I was owed, minus 4 weeks the bond covered. Typo sorry.
 
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I'm not familiar with the WA rules either but someone else here will know or you could also ask your property manager.
 
The procedure for abandoned goods is different in each state, I am not familiar with WA but should be in the tenancy legislation.

If there are still there, it is not abandoned goods yet because you still need to get a baliff.

Did you have a tribunal order for vacant possession on the 21st? - How did you establish that this was the date?

Why was it back and fourth and how did the arrears escalate to 8 weeks? You can apply for vacant possession after they ignore the termination notice sent after 14 days.

Just trying to get my head around the situation, but it sounds like you need to get a tribunal order for a balliff on Wednesday and while you are there ask them to step you through the abandoned goods procedure.

I'm assuming this is self managed? If you are using a property manager they would be in serious breach of neglect.

If you have insurance with Terri Scheer the 8 weeks is totally recoverable, no other policy offers landlords insurance to this extent.
 
I am using a PM but its not their fault as far as I can tell.
Tenant has been an issue since November but normally paid up on the last couple days of the breach notice. I had intended to wait to June and not renew lease.
However the breach period passed so I chose to send an eviction notice.

WA you have to give 14 days breach.
Then 7 days eviction notice (form1a).
Both of these take another day if you cant personally find the tenant to hand the form to and have to "mail" it into their letterbox.
Then wait for a court date which was another week.

Court date arrives and we are forced in mediation with a registrar instead of seeing a magistrate. (I was there as well)
Tenant hasn't paid any money but claims I am being discriminatory etc by terminating them.
No other issues disputed but of course no agreement so adjourned to magistrate.

New date for a magistrate to take the case.
Still no rent, 6 weeks behind now. But tenant claims hardship due to lack of rentals, her partner splitting 6 months ago and her kids.
Tenant given another 2 weeks, initially was going to get 30 days until I protested about the extra time already had. Also I am assigned the full bond.
The late rent, a $300 dollar unpaid water bill and any damages not covered by bond were noted by the magistrate. My understanding is once tenant is gone its back to court for these for a final figure for the debt collectors.

So its now 8 weeks latter and tenant failed to move out on the final day. Of course with Easter weekend she gets a few more days free before I can get a bailiff.

Unless I have missed something in my policy I am covered up to $5000 with SGIO.
I don't get paid 1st 4 weeks (bond) and $300 excess.

Edit: Agent was working today, apparently I have to get get an indemnity certificate approved for all the low value stuff before I can move it.
High value stuff stored for 60 days, jump through some hoops before I have to auction it and give the money to some fund.

I might be jumping the gun but when the PM went around to see if she had bailed without handing in the keys from the door it was seen the lounge was still fully equipped.
My concern is getting the house empty of the crap so I can get it re-rented.
 
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Doovalacky said:
Tenant hasn't paid any money but claims I am being discriminatory etc by terminating them.
Click to expand...

LOL thats a new one.

Them: Your honour we are being discriminated against

Magistrate: Discriminated against? On what basis?

Them: They are discriminating against people without money

Magistrate: ....

Them: ....

Magistrate: FACEPALM
 
Hope it works out for you. It does seem like a one sided system we have to deal with, at times.
A bit OT, but I have a few investor policies with SGIO and would be good to know how you go with your claim.
Please keep us informed on how you go.
 
DaveMSydney said:
FACEPALM
Click to expand...
No the facepalm was her telling the 2 kids she brought to court it was time to go get ice cream at McDonalds as she walked out the court room.

Morg,
2008 Tenant drove through the roller door, the day after I had to call cops to remove his drunken *** from my own personal property as I was not renewing their lease. (Damage to property and lots of late rent)
Note don't have your name listed in phone books.
Anyway once I got through to SGIO that I was 300km from Perth and their inspector was not just going to pop around the $1600 claim went through pretty easy.
I'm hoping the rent claim is as stress free.

If I hadn't had a couple decent tenants amongst this I would throw in the towel.
 
Well, got the property on Wednesday. After the long weekend, several days late of course.

So far I have spent 2 days cleaning walls of marks, spew, and other unidentified substances. Then patching a lot of chips/scratches.
Need to totally repaint house that was painted 18 months ago.

Several broken doors, about 1k worth of blinds destroyed/missing.
First time I have ever had to sweep a carpet before vacuuming!
Hopefully the spew/food and other marks in carpet come out when it gets cleaned.
Its no wonder I have counted 12 major ant trails heading into the house.

Wood flooring in the living area was filthy as well, now that I have cleaned it discovered about 20 small holes in it. I'm really not sure what to do about that. :confused:

Opened the shed this afternoon and had to take a photo:mad:
 
Do you have insurance? Either way, I'd be dumping all that stuff and if they come looking for it you simply say "What stuff?"
 
We had the same thing a few years ago and it tooks weeks to get them out. Magistrate only sits one day per week here so takes forever to get a date. Ours took an axe to each door before the coppers dragged them out. I threw everything they left as it consisted of urine soaked bedding, rotting groceries and broken bits of crap. Actually I paid someone else to clean it, I wouldn't touch it!
I agree thankfully it isn't all tenants like this although where my rentals are we get a high % of this type. Thank god for insurance.;)
 
Just finished adding up the personal hours and its close to 200hrs spent removing rubbish, repairing broken items and then a repaint. Thankfully I had some help at points.
That shed was an adventure that was tackled in gloves and with a shovel. Four wheel borrow loads of clothing many with tags still on was removed, the selection of G-strings was a hoot!

I won't bother listing all the damaged things but it ranged from doors kicked in to broken taps.
Carpets came up OK most rooms after the professional clean. Main bedroom with the puke took another go with my own wet vacuum, one of my better investments.

Chased up the agent today for the debt collection, found out she hasn't completed the court documents for the debt collection yet and just went on annual leave for next 2 weeks. Not happy about that.
Insurance won't deal with me until I get a final figure.:(

Put it back on the market with upped rent and had several applicants quite quickly thankfully so at least I should get some money shortly.
 
As they had good references I can't blame the agent for what has happened. Until the last 4 months she was keeping the place clean despite the intermittent rent issues.
They certainly have some red flags now. I actually saw an local newspaper article with a sob story about getting a place to live that sounded very familiar.

I will be making my displeasure known to her manager about the lack of action on the debt collection. I don't know if the agent is starting to look after too many properties or was just needing a break but a few things have started to slip. If it keeps on I will have too look elsewhere but the other PM's in the area are pretty crap. For example one considers a drive by inspection sufficient.
 
Well thought I would do an update.

Ended up giving the PM a kick up the *** via the manager and got the final court orders. I would switch agents but not a lot of choice on who to move too.

Magistrate deemed that my personal hours cleaning, and several assistants was not claimable. Lesson learnt there next time I will hire an company and damn the cost to the tenant so I have proof of an invoice.
Crayon marks, sticky tape damage, hand prints etc over the walls was deemed wear and tear :mad:

SGIO paid out the rent claims and court cost within a week. $300 excess and the bond removed all treated as one claim.
However the locksmiths costs, and water bills I have to recover via a debt collection agency. So just under a grand to recover.
 
It's a shame landlords are treated this way.
We have claimed our time for cleaning on many occassions, and won everytime (in Canada).
The courts have considered our time to be worth something. We needed to say how many hours it took, and an itemized list of the chores.
It is only for tax purposes we are not permitted to give a value of our labour.
Next time have your assisstants provide you with a receipt, and refer to them by their business name, which could be their personal name. Make sure they claim that money on their income tax form.
 
Doovalacky said:
Well thought I would do an update.

Ended up giving the PM a kick up the *** via the manager and got the final court orders. I would switch agents but not a lot of choice on who to move too.

Magistrate deemed that my personal hours cleaning, and several assistants was not claimable. Lesson learnt there next time I will hire an company and damn the cost to the tenant so I have proof of an invoice.
Crayon marks, sticky tape damage, hand prints etc over the walls was deemed wear and tear :mad:

SGIO paid out the rent claims and court cost within a week. $300 excess and the bond removed all treated as one claim.
However the locksmiths costs, and water bills I have to recover via a debt collection agency. So just under a grand to recover.
Click to expand...

How long did it take to get the tenants out? Where you still attending court hearings after they were evicted?
 
INVSTOR said:
How long did it take to get the tenants out? Where you still attending court hearings after they were evicted?
Click to expand...
It took just over 9 weeks total.
Had one more court hearing after to finalise the amount of rent she owed and to try to get some of the other costs covered.
 
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