My tenant may have done a runner?

[Selinarra]

Hi Everyone,

I received a visit from the police a few nights back saying that I needed to go check up on my IP as the garage door, back entrance door and upstairs windows were all open and had been for nearly two weeks (as told by the neighbor).

The house was in pretty bad shape. I found holes in the walls in most rooms, with some of them being perfect square cut outs (I also found knives covered in plaster lying nearby some of the holes). Some holes had been re-plastered but not painted over. Every cupboard, closet, draw etc. in every room had been emptied onto the floor, with the tenants stuff lying around the entire house. Curtains had been ripped, or taken off the rail. All of her belongings including furniture, appliances (besides the TV) and even a small amount of clothes were still in the house. The back security door looked like it may have been opened with a screw driver as the lock is broken and there is an obvious bend of the metal next to the lock.

I immediately went to the police as I could not determine if the property had been broken into or if the tenant had caused the damage or a combination of both. The police could not help me unless I could determine who caused the damage (Silly me to assume that was their job!). My PM firmly believes that the tenant has caused the damage and done a runner and has proceeded to VCAT and advised me to change the locks, which I have just done.

Obviously I do not want the tenant back into the property. However I am a little concerned in case something has perhaps happened to her? I find it very odd that all of her belongings, including personal items like clothes, are still in the property. The house almost looks as though someone had gone through it to try and find something? The broken lock on the back security door is also another concern.

Does anyone believe I should go back to the police station and inform them again to try and come out to the property for a better look? Once we are allowed to 'legally' enter the property can I assume that all of her belongings are now ours and we are free to do what we want with them?

Thank you.

 

[wylie]

I would at least call the police again. Best to cover all bases.

When this happened to my parents a few years ago, we went through the process of issuing "notice to enter". We could not legally let ourselves into the house until that notice was issued and we waited 24 hours.

We went in and found most things gone, but plenty of clothing and personal things left on the floor though luckily no damage to the house itself.

The rent was overdue and we had issued the "notice to remedy" as soon as we could (seven days I think it was?). We then had to issue a "notice to quit" or whatever it is called.

We had to go through the formalities and waiting times involved before we could enter and gather up the stuff. There are different rules and waiting times depending on the circumstances (depending on if you think the place is abandoned, whether the rent is overdue and you are then able to issue notices).

Once we were legally able to enter we did so. We checked our rights and the tenants rights about what was left. From memory there was a value limit under which we could simply throw away, but we decided to throw out a couple of broken small chests of drawers (photographed everything first), packed up the clothes and had to hold them for a certain length of time.

She never came back for her stuff and stopped answering calls to her mobile after the first few times, and well before we actually went in.

I'm not sure of the rules in the state your IP is in, but it is important you do things in the right order, issue notices as soon as you can and make sure you ask the tenancy people (Residential Tenancy Association in Queensland - other states have similar departments) about what you can and cannot do and what you can and cannot throw out.

 

[jackbak]

Hi Selinarra, sounds like the police aren't interested. If you want to know if the tenant is ok, I suggest you obtain a copy of the Tenant Application Form from the PM and call her next of kins. This form usually has at least one next of kin plus 2 personal references, they also have previous tenancy details and her employment details. That should be enough to check up on her welfare...

Good luck

 

[kathryn d]

One of the first things you should do, is take her application and lease to the police, so they can check with her next of kin, to see if she is still alive.

We would also be doing that too. Check with her employment to see if she has showed up. Check with any family & friend references she may have given.

Once you can verify if she has gone voluntarily or not, you then need to secure the premises. As always, take lots of pictures or video it.It may be a crime scene, who knows.

Is the rent paid up?
You still need to follow the regulations of the Act, but as a landlord, you are permitted to secure your property.


We have needed to do this a couple of times. There are regulations, but there is also common sense and a "duty of care". On several occassions we have declared the place abandoned, and another time the elderly tenant had checked herself into a hospital ...and died a few days later.

 

[Ed Barton]

Hi Everyone,

I received a visit from the police a few nights back saying that I needed to go check up on my IP as the garage door, back entrance door and upstairs windows were all open and had been for nearly two weeks (as told by the neighbor).

The house was in pretty bad shape. I found holes in the walls in most rooms, with some of them being perfect square cut outs (I also found knives covered in plaster lying nearby some of the holes). Some holes had been re-plastered but not painted over. Every cupboard, closet, draw etc. in every room had been emptied onto the floor, with the tenants stuff lying around the entire house. Curtains had been ripped, or taken off the rail. All of her belongings including furniture, appliances (besides the TV) and even a small amount of clothes were still in the house. The back security door looked like it may have been opened with a screw driver as the lock is broken and there is an obvious bend of the metal next to the lock.

I immediately went to the police as I could not determine if the property had been broken into or if the tenant had caused the damage or a combination of both. The police could not help me unless I could determine who caused the damage (Silly me to assume that was their job!). My PM firmly believes that the tenant has caused the damage and done a runner and has proceeded to VCAT and advised me to change the locks, which I have just done.

Obviously I do not want the tenant back into the property. However I am a little concerned in case something has perhaps happened to her? I find it very odd that all of her belongings, including personal items like clothes, are still in the property. The house almost looks as though someone had gone through it to try and find something? The broken lock on the back security door is also another concern.

Does anyone believe I should go back to the police station and inform them again to try and come out to the property for a better look? Once we are allowed to 'legally' enter the property can I assume that all of her belongings are now ours and we are free to do what we want with them?

Thank you.

Secure the premises so the local kids don't treat it like an 'art gallery', contact the police saying there's been a break in and go through the eviction channels.

She's probably been murdered. Does the place have a manhole? Have you checked the ceiling? Maybe your tenant is located up there, didn't you think it was strange that she'd only painted a portion of the ceiling red?

 

[Munchkin]

In Vic, before you can do anything with any of their belongings they have to be declared abandoned.

We went through this with a tenant last year. Someone from Consumer Affairs had to come and inspect it before we could dispose of any of it. After it was declared abandoned by them we could do what we liked with it. Filled a couple of skip bins and sold some furniture to recoup costs not covered by the bond.

I think the first step would be getting into contact with the tenant to find out what has happened. If the rent is paid up then you may have no choice but to wait until it gets behind and issue a notice to vacate.

You have probably breached something by even entering the house without notice. Stupid I know but even when people aren't looking after the property you still have to follow the rules.

 

[Terry_w]

Police aren't doing their jobs. Report back that it has possibly been a break and enter with malicious damage. She could have been kidnapped, murdered, or just done a runner.

Then go through the proper channels to get back the right to take possession of the premises.

Then you can relet. You may also need a police report for the claiming of insurance.

 

[Blurbman]

Reporting as malicious damage may also allow for a better result if a claim on your insurance policies are needed.

 

[Lil Skater]

As above posters have said, contact the police again and make a report of a possible break and enter.

Speak to your PM and find out if they have contacted next of kin, and what happened.

Once the property is deemed abandoned the PM will need to arrange consumer affairs to come look at the goods left, depending on what's there they will let you know if you can dispose of it, or if you must store it.

I hope you have insurance or this will be a very costly exercise