How to claim on a tenant who has not provided forwarding address

[melbgirl12]

We have an apartment where the tenant left and was 5 days late handing back the keys plus has caused major damage and left behind abandoned goods.

The carpet which was about 7 years old was in great condition before he moved in but had major stains that carpet people are saying can't be removed, he nailed into many walls, installed wiring for TV on walls without permission and removed and left all without repairing them. This was in every room so the whole place needs repaint. Basically there are thousand of dollars in costs and a week of unpaid rent so the bond does not go near the costs. He left the drawers and fridge stocked and large electrical equipment in the car park and house that had to be removed by us and paid for.

The thing is the agent couldn't get a forward address and now can't reach him either. So we will apply to the tribunal for compensation but how will the order to pay ever reach him and how will we ever get our money? I am guessing we have to write this off as a loss but if I can try and make him contribute to his damages I want to do it. Any thoughts on how this works is appreciated. My managing agent as not overly helpful and was kind of like just take it as a cost to you and don't bother chasing it. This is going to take me many weeks to have the place back in appropriate rental condition and thousands to repaint and recapped amongst other costs.

 

[Scott No Mates]

Insurance claim?

 

[Xenia IM]

Don't bother chasing the tenant - claim total bond then the rest on landlord insurance!

That's how it's always done.

 

[Ausprop]

that's assuming there is insurance!

I found a tenant on good ol' facebook. It gave me their place of work for service of the claim

 

[balwoges]

Ask the PM for a copy of his tenancy application form, should have his work details, licence no and references - that would be a starting point. Also sounds as if the PM never inspected the property.

Have also used Facebook, its amazing what people reveal about themselves

 

[Scott No Mates]

Lodge the bond claim with the last known address of the tenant. Bond Board will send to this address - tough luck if the tenant hasn't redirected their mail and don't claim or object.

Why isn't your PM advising you?

 

[wylie]

Lodge the bond claim with the last known address of the tenant. Bond Board will send to this address - tough luck if the tenant hasn't redirected their mail and don't claim or object.

Why isn't your PM advising you?

This will work to claim the bond but I think the poster is looking to get more from the outgoing tenant than the bond. You could always give it to a debt collector if you cannot get anywhere yourself (but might need some sort of judgement first?)

 

[Ausprop]

This will work to claim the bond but I think the poster is looking to get more from the outgoing tenant than the bond. You could always give it to a debt collector if you cannot get anywhere yourself (but might need some sort of judgement first?)

the bond claim - and anything further - is a judgment

 

[Lil Skater]

If this is in Melbourne you can't just serve the bond form, you will need to go to VCAT.

You will need to make attempts to find the location of the tenant.

Facebook, Google, rental application are all good places to start. Work details are the first point of call, then next of kin - you'd be surprised how many people don't want their parents knowing of their problems!

If you cannot find them, and you've made your claim (hopefully successfully) through VCAT you can do a few things. Get the order certified and lodged with the magistrates court, engage a debt collector or lodge them on NTD. No guarantee you will ever see a cent, unfortunately, but it's worth a shot.

Just because you reclaim the money from your insurance, doesn't mean you shouldn't attempt to hit their credit file and make them accountable for their own actions. Why should they get away scot free and do it to another owner, just because you have insurance in place?

Also, worth noting the carpet being 7 years old - VCAT will usually allow 10 years depreciation, which means they may only allow 30% of your claim for replacement depending on the members mood (despite how good it was when the tenant moved in).

Good luck!