I would appreciate some ideas and/or feedback on the situation I find myself in at the moment please.
I have an IP which has been tenanted for the last 12 months. Tenant always paid on time and we have had no issues. She gave notice to vacate at the beginning of Sept. She was meant to have moved out by 15th Sept. A few days before she was due to move out I got a phone call from the Agent informing me that she had been served with cease and desist orders from moving. She was moving 2 hours away and her ex has applied through court so she can't move.
She had a Dept of Housing property lined up and ready to move into. The agent had new tenants lined up and ready to move in on the 20th Sept.
Because of all of this I now find myself with a bit of an issue. She has been to court, but it has been adjourned and my gut feeling is telling me she will either have to stay local or the court hearing could take a while to sort out. In the meantime, my agent has done a good job holding the new tenants in the wings and delaying them moving in up until now.
She is currently 3 weeks behind in rent because Dept of Housing took a fortnights rent for the new place she can't move into. She has paid a couple of weeks since all th drama happened and is trying to do the right thing. She had advised the agent tha she can't afford to keep paying the $380 per week she has been paying. Because she doesn't know exactly what is happening, she can't sign onto a new lease for 6 or 12 months because the courts could tell her that se can move in 1-2 months time. Most landlords in my area do not prefer a month to month lease initially. My agent has Tribunal paperwork ready to lodge on Tuesday to issue eviction notice etc.
So.... she knows she has to move. She knows it has to be to somewhere cheaper. She knows she can't move out of the area at the moment. The new tenants want to move in asap. It is going to be very difficult for her to find something quickly and month to month.
I ran an idea past my husband earlier today. have recently bought another house and we settle on the 7th Nov. I was thinking.... what if we moved our belongings into our locked garage. I allow her to move in to the place we are in at the moment on a month to month lease with a condition that we have access to the garage until say mid Nov (so we can move things out). Because it is smaller I would rent it to her for say $290-$300 per week. Then the new tenants can move into my IP and we would stay at a motel or something for a few weeks.
My concern with this is that we are trying to sell where we live at the moment. If I get an offer and accept, she will potentially still have to move BUT formal approval can take 2 weeks and then 6 week settlement so she would have say at least 2 months to find something else. Bonus for me is that I get a bit of rent instead of it sitting vacant once we move.
BUT what if she can't find something or doesn't try to find something else and the new owner wants vacant possession? I don't have to sell the house to complete settlement but I do want to sell the house to pay down some other debt so I dont' want the above idea to blow my chances of selling the house or causing me more grief when settlement comes.
Love to know your thoughts...
I have an IP which has been tenanted for the last 12 months. Tenant always paid on time and we have had no issues. She gave notice to vacate at the beginning of Sept. She was meant to have moved out by 15th Sept. A few days before she was due to move out I got a phone call from the Agent informing me that she had been served with cease and desist orders from moving. She was moving 2 hours away and her ex has applied through court so she can't move.
She had a Dept of Housing property lined up and ready to move into. The agent had new tenants lined up and ready to move in on the 20th Sept.
Because of all of this I now find myself with a bit of an issue. She has been to court, but it has been adjourned and my gut feeling is telling me she will either have to stay local or the court hearing could take a while to sort out. In the meantime, my agent has done a good job holding the new tenants in the wings and delaying them moving in up until now.
She is currently 3 weeks behind in rent because Dept of Housing took a fortnights rent for the new place she can't move into. She has paid a couple of weeks since all th drama happened and is trying to do the right thing. She had advised the agent tha she can't afford to keep paying the $380 per week she has been paying. Because she doesn't know exactly what is happening, she can't sign onto a new lease for 6 or 12 months because the courts could tell her that se can move in 1-2 months time. Most landlords in my area do not prefer a month to month lease initially. My agent has Tribunal paperwork ready to lodge on Tuesday to issue eviction notice etc.
So.... she knows she has to move. She knows it has to be to somewhere cheaper. She knows she can't move out of the area at the moment. The new tenants want to move in asap. It is going to be very difficult for her to find something quickly and month to month.
I ran an idea past my husband earlier today. have recently bought another house and we settle on the 7th Nov. I was thinking.... what if we moved our belongings into our locked garage. I allow her to move in to the place we are in at the moment on a month to month lease with a condition that we have access to the garage until say mid Nov (so we can move things out). Because it is smaller I would rent it to her for say $290-$300 per week. Then the new tenants can move into my IP and we would stay at a motel or something for a few weeks.
My concern with this is that we are trying to sell where we live at the moment. If I get an offer and accept, she will potentially still have to move BUT formal approval can take 2 weeks and then 6 week settlement so she would have say at least 2 months to find something else. Bonus for me is that I get a bit of rent instead of it sitting vacant once we move.
BUT what if she can't find something or doesn't try to find something else and the new owner wants vacant possession? I don't have to sell the house to complete settlement but I do want to sell the house to pay down some other debt so I dont' want the above idea to blow my chances of selling the house or causing me more grief when settlement comes.
Love to know your thoughts...
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