Hi,
Just thought I'd have a cathartic "dump" after a pretty emotional roller coaster ride over the last week or so. Both the wife and I are pretty drained at the moment after confronting the last stubborn industrial tenant who refused to move out of the way for better tenants.
He signed a Lease with me (a huge start compared to the rest of the losers I seem to deal with)....didn't read the 39 page document mind you, and was completely confused about his obligations.....in fact we had a disagreement about the Lease less than 10 minutes after he signed it....but anyway.
A clause in the Lease....the famous clause 9.....gave us, the Lessor, the right to issue 3 months notice to end the Lease. He didn't even read that one. Didn't recognise it, didn't acknowledge it, didn't agree that he'd initialled each and every page, despite his squiggly on every page....
Gave him notice mid March to vacate. He totally ignored the notice as usual, and when approached two months into the 3 month period, told us that he wasn't going anywhere, and he'd bomb the place before he left to go anywhere.
The 3 month deadline came and went, with no movement whatsoever. One of the other tenants given notice as well, packed up and found a bigger better unit to conduct his business from.....we helped him move his stuff. Both left on good terms and he is now thriving in his new premises - a win/win all round.
Our solicitor got involved, and as usual created more drama with the situation - always centred around timing. He reckoned we had given 2 months and 30 days notice, not 3 months notice as was required by the Lease. I nearly throttled him over that particular comment.
Reckoned we had two options - give him another 3 months notice with the full 3 month period, or somehow get the tenant to sign a "without prejudice" letter. He and the wife organised a letter whilst I was overseas, stating that the tenant recognised he had been given lawful notice to vacate, and in exchange for an extra 7 weeks grace (on top of the 3 months already lapsed) he had to sign and agree to leave by July 31.
Somehow, beyond all hope he miraculously signed the agreement, but as expected, the deadline came and went with no action to vacate whatsoever. He'd typically turn up to work at 2:30pm, get out a chair and stubby, drink half a carton, get in his car and drive home at 6pm.....a real winner. This very much frustrated the good tenant who was working next door and could see what was going on.
He asked his wormy girlfriend (not a party to any of the business) to call me up the day before he was due to be evicted to ask for an extension. I politely told her I had absolutely no business to transact with her, and if he wanted to resolve the issue, he better have the guts to speak to me.
About 15 minutes later he called me up, and over a tirade lasting 4 minutes and 26 seconds, proceeded to yell down the phone he wasn't going anywhere, and if I employed a locksmith and changed the locks, he'd come around my house with his bikie mates, and blow up my wife and kids when I wasn't home. Quite charming indeed. Knowing his criminal record and reputation, I took the threat seriously. I politely told him I didn't respond to threats, and quickly toddled off to register the threat with the Police, a most marvellous way to spend 3 hours on a Sunday afternoon instead of with your family.
The Police checked his criminal record, and quickly raised their eyebrows when he read the wrap sheet.....it was extensive and involved explosives.....joy !!!
Gave the loser a further 1 weeks extension, on top of the previous 20 weeks notice, on the proviso he brought big trucks and forklifts and bobcats to get all of the big stuff (15 tonne logs, 12 tonne wood saws etc etc etc). Once again, surprise surprise, they did nothing and wasted the time.
The 3rd deadline came and went with no action, with the now irate CEO of the fabulous new tenant champing at the bit to get in and set up his business. Verbal threats of counter suing flying left right and centre, swiftly told him to get back in his box and sit down and shut up and wait for us to get the situation under control.
Tenant finally agreed that the game he was playing was hopeless and going nowhere, and decided to move out. Has been working like a navvy, packing all of the stuff up. He took away 3 semi trailer loads and quickly realised that it hardly made a dent in the amount of shi#e he had on the property.
We gave him a further 3 days, and today they asked for a further 3 days. In conjunction with further pressure from the incoming CEO, we refused and whilst I was at work today, the wife today went out there with provided big marine grade chain and lock, and took control back of the property. Four big Maori guys with trucks, trailers, oxy cutting sets surrounded the wife carrying a chain and lock.
Wife simply told them all to bugger off, put the chain on, and then flicked the switch to put the electric fence zapper on.....a marvellous deterrent.
Anyway, if the property isn't burnt to the ground, or our house isn't fire-bombed tonight, we'll consider it a fantastic win.
There really has to be an easier way of making a quid in this property game, than having to deal with these losers.
We are both mentally and physically exhausted right now, so we'll sign off. Hope no-one else has to go through this garbage. Commercial and industrial investing has it's downsides.
Just thought I'd have a cathartic "dump" after a pretty emotional roller coaster ride over the last week or so. Both the wife and I are pretty drained at the moment after confronting the last stubborn industrial tenant who refused to move out of the way for better tenants.
He signed a Lease with me (a huge start compared to the rest of the losers I seem to deal with)....didn't read the 39 page document mind you, and was completely confused about his obligations.....in fact we had a disagreement about the Lease less than 10 minutes after he signed it....but anyway.
A clause in the Lease....the famous clause 9.....gave us, the Lessor, the right to issue 3 months notice to end the Lease. He didn't even read that one. Didn't recognise it, didn't acknowledge it, didn't agree that he'd initialled each and every page, despite his squiggly on every page....
Gave him notice mid March to vacate. He totally ignored the notice as usual, and when approached two months into the 3 month period, told us that he wasn't going anywhere, and he'd bomb the place before he left to go anywhere.
The 3 month deadline came and went, with no movement whatsoever. One of the other tenants given notice as well, packed up and found a bigger better unit to conduct his business from.....we helped him move his stuff. Both left on good terms and he is now thriving in his new premises - a win/win all round.
Our solicitor got involved, and as usual created more drama with the situation - always centred around timing. He reckoned we had given 2 months and 30 days notice, not 3 months notice as was required by the Lease. I nearly throttled him over that particular comment.
Reckoned we had two options - give him another 3 months notice with the full 3 month period, or somehow get the tenant to sign a "without prejudice" letter. He and the wife organised a letter whilst I was overseas, stating that the tenant recognised he had been given lawful notice to vacate, and in exchange for an extra 7 weeks grace (on top of the 3 months already lapsed) he had to sign and agree to leave by July 31.
Somehow, beyond all hope he miraculously signed the agreement, but as expected, the deadline came and went with no action to vacate whatsoever. He'd typically turn up to work at 2:30pm, get out a chair and stubby, drink half a carton, get in his car and drive home at 6pm.....a real winner. This very much frustrated the good tenant who was working next door and could see what was going on.
He asked his wormy girlfriend (not a party to any of the business) to call me up the day before he was due to be evicted to ask for an extension. I politely told her I had absolutely no business to transact with her, and if he wanted to resolve the issue, he better have the guts to speak to me.
About 15 minutes later he called me up, and over a tirade lasting 4 minutes and 26 seconds, proceeded to yell down the phone he wasn't going anywhere, and if I employed a locksmith and changed the locks, he'd come around my house with his bikie mates, and blow up my wife and kids when I wasn't home. Quite charming indeed. Knowing his criminal record and reputation, I took the threat seriously. I politely told him I didn't respond to threats, and quickly toddled off to register the threat with the Police, a most marvellous way to spend 3 hours on a Sunday afternoon instead of with your family.
The Police checked his criminal record, and quickly raised their eyebrows when he read the wrap sheet.....it was extensive and involved explosives.....joy !!!
Gave the loser a further 1 weeks extension, on top of the previous 20 weeks notice, on the proviso he brought big trucks and forklifts and bobcats to get all of the big stuff (15 tonne logs, 12 tonne wood saws etc etc etc). Once again, surprise surprise, they did nothing and wasted the time.
The 3rd deadline came and went with no action, with the now irate CEO of the fabulous new tenant champing at the bit to get in and set up his business. Verbal threats of counter suing flying left right and centre, swiftly told him to get back in his box and sit down and shut up and wait for us to get the situation under control.
Tenant finally agreed that the game he was playing was hopeless and going nowhere, and decided to move out. Has been working like a navvy, packing all of the stuff up. He took away 3 semi trailer loads and quickly realised that it hardly made a dent in the amount of shi#e he had on the property.
We gave him a further 3 days, and today they asked for a further 3 days. In conjunction with further pressure from the incoming CEO, we refused and whilst I was at work today, the wife today went out there with provided big marine grade chain and lock, and took control back of the property. Four big Maori guys with trucks, trailers, oxy cutting sets surrounded the wife carrying a chain and lock.
Wife simply told them all to bugger off, put the chain on, and then flicked the switch to put the electric fence zapper on.....a marvellous deterrent.
Anyway, if the property isn't burnt to the ground, or our house isn't fire-bombed tonight, we'll consider it a fantastic win.
There really has to be an easier way of making a quid in this property game, than having to deal with these losers.
We are both mentally and physically exhausted right now, so we'll sign off. Hope no-one else has to go through this garbage. Commercial and industrial investing has it's downsides.
