Giving tenants notice to vacate

I plan to convert a Queensland investment property into my PPOR.

PM has issued 2 months notice to vacate the property by a certain date.

PM has advised that we don't move in until 3 working days after the date in question so as to give the PM time to do the final inspection and give the tenants time to respond to any potential issues that may result. So, for example, if the tenants have caused damage or not cleaned the property properly it gives them time to respond. If I don't give the tenants this opportunity then I would forfeit any opportunity to make a claim on their bond.

The above commentry from the PM makes sense and I have no problem with that logic. I am more than happy to give 3 working days to resolve any issues.

But I definately need to move in on the 4th day post the notice to leave date. Thats because my lease where I live expires and I need somewhere to live!

I've been told that even if the tenants have not returned the keys to the PM on the day after the date to vacate that I still don't have vacant posesssion. What I am not clear on is legally at what point I do get vacant possession?

Contingency plan. What if for some unforseen reason the tenants haven't vacated or returned the keys by the time I need to move in ? What are my rights?

Keep in mind, that I don't anticipate any problems with these tenants other than possibly the keys being a little late. Im just curious because I haven't really got an answer from the PM and I just want to know where I stand on this issue in a worse case scenario.

Cheers.
 
In QLD, the landlord/agent has no legal right to enter the property until the tenant returns the keys.

If the tenants for whatever reason did not hand back the keys/refused to move out, then you would be forced to file an urgent QCAT application (currently 'urgent' = 2-4 weeks) and have the court grant you possession (the court would give the tenants time to vacate, usually 7-14 days, after which you can organise for the local police to escort the tenants from the premises and then you can legally change the locks).

That does happen, but is fairly unusual (luckily).

Often, the threat of changing locks is enough to prompt tenants to hand in their keys.

Matt
 
Back
Top