I Have Been Breached By My Tenant - Need Help!

[Kath Russell]

They haven't all been on this subject thank goodness! Still waiting on how to use our parents equity for more IP's & there's always something else on the go

In saying that, where will I find "how to live in an IP owned by my Company". We're considering leaving WA for QLD (any room in Buderim?) end of year. Searching now........

 

[sunshine]

In saying that, where will I find "how to live in an IP owned by my Company". We're considering leaving WA for QLD (any room in Buderim?) end of year. Searching now........

Congratulations on your win Kath and I too hope this is your lowest point in the wonderful world of PI.

Buderim has plenty of room for you and your family. Not too far from me. The Sunshine Coast is a wonderful place to live. Is this a coming back move or a sea change type move?

If you need some eyes or ears or anything checked out, happy to help if I can.

Sunshine

 

[The_Bludger]

Just read this whole thread. Kath, you are a champion!

Good luck with everything.

 

[natmarie73]

We have Landlord's Insurance. We have an email from the tenant from months ago stating we will lose our house because of what they believe they can get out of us. They think they can take us on many sections of the Act and that they will receive any fines that we are charged with. They have no idea. As for any so called Solicitor they may have engaged the services of, if they have ANY integrity, they'll see through them.

Ha ha ha! Don't they realise that the bank has first dibs? Another reason to alway borrow the maximum against available equity. No solicitor will take on a case where there is no money available for his fat fee.

These people sound like serial scammers. Don't give in and they'll soon see the error of their ways. And yes, it does cost a fortune to sue someone and the courts are not very sympathetic to frivolous litigants either.

 

[Perchy]

wow read the post and was rivetted throughout. Glad you stood by your guns Kath! I believe that if you are right and fight for it, in the end you will be rewarded!

 

[JoshyBoi]

Such a great place!
Have you new tenants in there now?

 

[Kath Russell]

Funny you ask about new tenants Joshyboi. We've been overseas for 3 weeks, just checked our emails a few days ago & the current tenant, who moved in only a couple of months ago is breaking their lease!! Big marital bust up. Oh well. Property Manager emailed me realising we were away just to keep us up to date (I saw the message a week later, which was only a few days ago) to say the husband asked if they could get a border in to help with the rent. She suggested not, so they agreed to put it on the market for rent again.

Got applicants immediately so again, we're not worried the house won't be relet. Unbelievable though!

Perchy - Glad you stood by your guns Kath! I believe that if you are right and fight for it, in the end you will be rewarded!

I'm very happy to also report that a few days ago I received an email stating the Bond Release form I was CERTAIN the previous tenant was going to object to HAS BEEN ACCEPTED BY THE TENANT & THE COURT so we will now receive all the bond. Well, I let them have $13

In the Bond Release Application, there were Affidavit's from myself, the property manager & my Father regarding the water issue - that they released those thousands of gallons of water. I accused them, using that exact word of doing it. They didn't object, so I see it as them admitting they did it.

We're short a few thousand dollars for maintenance call outs & jobs that weren't required & 6 months of wasted time & effort, but that should be it now.

So, this thread is now closed! Apart from the next tenant just breaking their lease, I just need a new tenant & we can get on with our property accumulation & plan.

Thanks everyone for your continued support.

 

[Property Meister]

ive been following this thread very keenly,

so kath, for the benefit of others as well, can you summarise exactly what the tenants lost!

so they didn't get their bond back, and they have been forcced to move,

did they also get a bad rental credit rating (or whatever they are called) so does that mean that they will be unable to rent again.....i seriously hope so,

I am keen to see the day when you get a whinging email from them stating that they lost $$$ from the bond, and now cannot rent anywhere and that they have suffered this and that and are going to sue you for a million things!!

 

[Kath Russell]

can you summarise exactly what the tenants lost!

$1587 worth of their $1600 bond came to me for refilling freshwater / drinking water tanks, gardening, carpet cleaning.

and they have been forcced to move,

They wanted to move out & we wanted them out. They just wouldn't budge until we gave in to their demands. That's why it's been a long drawn out procedure & had to go to a Magistrate.

did they also get a bad rental credit rating (or whatever they are called) so does that mean that they will be unable to rent again.....i seriously hope so,

I was only thinking about this again today. With each rental reference I gave, my husband & property managers gave, they were honest. We told them what was going on (the bad stuff). Ultimately, they really did look after the property & pay the rent. I'm not trying to pass any positive thoughts or vibes their way, but they're facts. Due to the problems we had, and only this last week it's been finalised, I'm going to talk to our property manager to ask what she thinks about the "bad tenant database". What do you think?

They didn't rent from anyone we gave references to. We don't know WHO they rent from now. We can only presume they lied to someone or someone was too lazy to contact any of us for a reference. C R A Z Y !!!

Many people told us we should give references only saying they paid rent & looked after the house. That's what we got & look what happened with us! I've spoken to those previous PM's since & they're not too keen on speaking to me now due to recrimination. They did pay rent & look after it, but for me to sleep at night and thinking that any of of YOU SS members, my friends or family who have investment properties could have got them as tenants, I couldn't live with myself. We preferred to keep them in our house with some sort of control over it, but in the end they managed to get a house with their new landlord oblivious to what they've taken on.

I am keen to see the day when you get a whinging email from them stating that they lost $$$ from the bond and now cannot rent anywhere and that they have suffered this and that and are going to sue you for a million things!!

I hope you didn't just mozz me about the bond disposal! Are you sure you've read this whole thread? I've been going through them threatening to sue me for a million things for the last six months! They couldn't rent anywhere initially because of our references.

Let's hope it's all over now.

 

[Property Meister]

hmm interesting, I am quite surprised to hear that they paid their rent on time and kept it quite clean, especially when you mentioned that they were threatening to sue because they fell over and/or their relative got hurt on the premises, I thought they would have deliberately damaged the property so their crazy story would be believable.....

anyway that aside, I am disappointed to hear that they only lost $1600 worth of bond, I was really hoping that karma got them and they lost more, or they were unable to find another place to rent and had to move to a shelter or something.

so it seems that they will simply rent another property unsuspecting to the owners and try another stunt like this again..

P.S i was really hoping that they were hit with a lawyers bill of $5,000 and lost some of their possessions or had them thrown out........

oh well, a good outcome, well done Kath

 

[MsAli]

Amazing story Kath! Makes me wonder when I get into IPs and have tenants how careful I'd need to be. I am looking for my first home currently.

So did you end up striking a deal with a current affairs program? That would help pay you off for the stress/hard work!

Amazing though, that people can go to such lengths to rip others off!

 

[Kath Russell]

Got the bond

Just last week our PM credited our bank account with the bond money I applied for through the courts.

So did you end up striking a deal with a current affairs program? That would help pay you off for the stress/hard work!

No-one has ever contacted me & I wouldn't accept any financial contribution from anyone other than those previous tenants.

Don't ever let something like this put you off investing. Obviously, you just never know if this might happen to you. Just be prepared. I still see it as an experience & lesson in life, more than just investing. It did my head in more with friends & family asking me when we're going to put it on the market to 'get rid of the headache'. It was just a temporary bump in the road on our pathway to freedom.

Being on acreage, there are a few more things that could go wrong which wouldn't happen in your average 3x1 resi in the burbs. As it was our PPOR we've contemplated it not being a suitable IP due to it having pumps, firebreaks & the like. Still, I'd rather pay $1000 to replace a pump every 2 years knowing the place may double in value every 10 years. That's a very big incentive to keep it and use it to accumulate other properties.

Our new tenant moves in on the 22nd. I've been involved with the process this time and have had fantastic references for them, been in contact direct, even forwarded a 'manual' on the property so they know before they move in what they're in for.

Exciting times! Hopefully THESE tenants will be set & forgets?!......

 

[Kath Russell]

Is it me?!

Our new tenant moved in Monday 22nd Feb

On the Wednesday they advised they're moving out

Where's the "smilies" for swearing & scratching my head?!

They can't sleep at night because of the dam. They knew it was there. We've reduced their lease to 3 months. I found a new tenant within hours (who's wanted to rent the house previously but needs 3 months notice).

Yesterday, the tenant rang to ask if they could move out earlier as they've applied for another house. No! Well, yes you can, but you're still paying rent until June as we're now bound to the LATEST new contract starting in 3 months, as per their advice of their moving out date. They love the house. They just can't handle the idea of their kids running around with a the dam on the property. Oh well. I'd rather they were happy than live there. Seem like nice people. Shame. We will have four (4) different tenants within 6 months! Has anyone experienced that before?

Next!

***Regarding the tenants who tried to sue us : I agreed to inform the insurance companies pursuing those tenants (for their so called worker's comp claims)when my court dealings were finalised & I received the bond.

I contacted them today and due to the privacy act etc, they can't inform me of exactly what is happening, but I am to expect a phone call from their investigating lawyers as the information relating to our cases could impact on their findings.

Just in the last few days all 'departments' have been briefed regarding their case. Apparently in the last month there have been developments where their situation has gotten worse. What they did impart was they are looking forward to closing this case too as it has gone beyond the rediculous & reading between the lines, I think he was telling me they've "got her".

 

[kathryn d]

:
We will have four (4) different tenants within 6 months! Has anyone experienced that before?

Next!

QUOTE]

We have.They seem to come in spurts.So generally a few each year.

We had one person give the Security Deposit,and then not move in.Find another tenant and they give SD and first months rent (for this same unit)They then decide they don't want it. Soemtimes we need to take this Deposit to cover the rent.Other times we just take the $25 allowed for releasing and finding new tenants.
Generally from appliacnts from out of town, and need to reserve a place sight unseen.
I know some here would never do that, but there are landlords like us that do.

Don't take it personally. The reason they offer may not be the real one.It is just the most plausible.

 

[Property Meister]

Just in the last few days all 'departments' have been briefed regarding their case. Apparently in the last month there have been developments where their situation has gotten worse. What they did impart was they are looking forward to closing this case too as it has gone beyond the rediculous & reading between the lines, I think he was telling me they've "got her".

good for you, and them!

do keep us posted, im sure everyone is dying to know,

by this comment im assuming the suing for damages case ???

so the insurance companies are simply going to dismiss the case?

but then these low lifes aren't going to get punished ....

 

[Kath Russell]

by this comment im assuming the suing for damages case ???

No. The tenants who took us to court had their cases dismissed. Their parting words were they are still going to sue us for personal injuries claims. We believe it's all bluff and haven't heard anything since.

Those same tenants are claiming worker's compensation with their previous employers. The insurance companies who are paying their compensation have their own independant investigations against them pending for insurance fraud. These commenced prior to our court issues.

We have always known the husband was on workers comp. It was only when our problems started he told us what it was for. It was obvious fraud.

Then the wife was on workers comp. We found out what it was for, and it was exactly what she was trying to sue us for. Again, fraud.

So, to help our case, I contacted their employers insurance companies & asked if they needed my assistance in exchange for theirs.

so the insurance companies are simply going to dismiss the case?

No. There is a very strong case against the wife at the moment, that's what I'll receive the telephone call about to assist the insurance Co's lawyers.

but then these low lifes aren't going to get punished .......

They will hopefully be 'punished' via insurance fraud.

Sure, we're short thousands of dollars because of these people, but they're out of our house and the original court cases against us are dismissed. We can't claim anything on insurance relating to our cases unfortunately as nothing was ordered against us (fortunately). I'd have to sue them privately through the civil courts. It's not worth it as they have nothing and I don't want to go through another 18 months of hell. If they ever tried to sue us again, this time for the personal injuries claims, we've got GIO on our side, as above.

 

[NBS]

Hi Kath,

Have been following this tread and as a person who is looking at his first IP property is an eye opener to say the least. I'm not put off about getting my first IP from your experiences but it has made me more aware and to document every thing (which I do now in my job).

Reading books / mags all you hear about IP investing is the GOOD but never the BAD from renters, which I knew would be happening (a pity).

Glad it has worked out in the end

Brian