Nightmare tenants

[Agenda]

I'm just wondering if landlords care about other residents when it comes to difficult tenants?

I'm in a block of 9 units and two years ago a man and his girlfriend moved in - they are absolutely repulsive people. He shouts obsenities to people passing by the block, walks around common areas at night drunk (can always tell as his red wine ends up on the tiles), has blocked access to our driveway then told us to F off, takes photo's of another resident because he doesn't like him doing weights in his garage etc etc..

We, along with two other residents made a complaint to the managing agent (and rightly so), now we are getting notes in our letter box threatening legal action for "slander" - he says he's going to take it all the way and ruin our life.

So, I asked the agent, and our stata manager if the landlord was aware of the issue, she is and mentioned she would never have renewed their lease if she knew of these goings on. I was told their lease would be expiring on 21st Sept (tomorrow) and that they would be leaving.

They are still there today, no sign of leaving or packing up, unit not advertised for lease - looks like they are staying....

We are stunned that after all this they would allow these people a new lease! There is a shortage of rentals in our area so not like she wouldn't be able to get someone in straight after...

 

[NBS]

Maybe the lease has not been renewed. The tenant has just decided to stay and the landlord is most likely to have a sh%t fight to get them out.

Maybe if the rules and regs allowed landlords to evict tenants who cause issues like this and not pay rent, damage the property etc etc without getting screwed over by the reglatory body you would most likely not have these issues all the time. You get served a notice and your gone apart from the damage they may cause .

Maybe we need an agency called "THE EVICTORS" much like the repo guys in USA.

I'm pleased current tennats are good.

Brian

 

[Sez]

Make sure you keep a diary of events, have everything in writing and forward this to the property manager each time something happens with as many details as possible of time, nature of the disturbance and how long it lasted. This kind of information is of great value to a good PM. In VIC we can issue 3 consecutive breach notices and then go to VCAT for an eviction on these notices. Discuss the state equivilant with the PM of the property. Your diary of events and the threatening letters will be of great help with any complaints made to council or the police as well.

 

[rugrat]

These people are so horrible, I doubt that they are co-operating with the landlord. Just because a landlord wants (or is even entitled) to have a tenant evicted, does not mean it will happen as it should. Tenants know how to drag these things out, plus some simply need to refuse short of physical force - which a landlord is not actually allowed to use....

 

[twobobsworth]

now we are getting notes in our letter box threatening legal action for "slander" - he says he's going to take it all the way and ruin our life.

How does he know it's you? Surely the agent didn't pass on your names or unit numbers?

 

[Sez]

How does he know it's you? Surely the agent didn't pass on your names or unit numbers?

You would certainly hope not, if you breach a tenant you state there have been complaints which did not necessarily come from within your unit complex. Keep them guessing!

Have you thought about contacting the PM's department manager with your concerns that your personal details have been passed on and your privacy breached?

I once had a property which I inherited with some awful tenants in there. When I do my first inspection at a property either after taking over management or for new tenants I just knock on the neighbouring properties doors to see if there are any issues etc. Turns out on this one there was, they were considering selling just due to these neighbours. I spoke to the owner who gave me full permission to do whatever was required to get them out of the property - despite my constant efforts it did take 3 months just due to the nature of the tenancies act. Keep in touch with them but be patient, as everyone has said, it isn't easy to evict a tenant!

 

[Agenda]

Thank you all for replying...

Can't the landlord just not renew the lease at the end of the tenancy?

Also, obvious the complaints came from us as the details I sent to the managing agent were incidents that involved us. Another guy in our block has lodged an AVO against the tenant too so maybe paperwork was received.

I do write everything down and at my last complaint, around early last month the real estate agent said they could not do anything, and basically stop emailing us..

Its just really hard, i'm expecting my first baby and i'm so nervous getting in and out of my poperty as I am on the top floor and have to walk past his door every day. Two days ago he saw me and made barking noises at me. Thinking next time I will call the police.

 

[Sez]

Thank you all for replying...

Can't the landlord just not renew the lease at the end of the tenancy?

Also, obvious the complaints came from us as the details I sent to the managing agent were incidents that involved us. Another guy in our block has lodged an AVO against the tenant too so maybe paperwork was received.

I do write everything down and at my last complaint, around early last month the real estate agent said they could not do anything, and basically stop emailing us..

Its just really hard, i'm expecting my first baby and i'm so nervous getting in and out of my poperty as I am on the top floor and have to walk past his door every day. Two days ago he saw me and made barking noises at me. Thinking next time I will call the police.

Don't wait until next time, get an AVO out too.... I fail to see why the PM can't do anything about it though. Shouldn't be hard to get an AVO with all your documented incidents.

 

[rugrat]

The problem is that the landlord may NOT have renewed the lease, may have issued eviction notices, and the tenant may still be refusing to leave. unfortunately that sometimes happens (often the tenant will also stop paying rent too). The Landlord then need to go through all the all the legal processes and proceedures (such as tribunnal) to try and get them out - this can drag out along time, particularly if the tenants have a good sob story to tell the tribunnal. And then despite all this they may still refuse to move, in which case police or other authorities need to get involved in order to actually physically remove the person from the premises. If the tenant is dragging their heels, I can assure you that the llanlord is likely as happy about it as you are.

Takes out an AVO to protect yourself. Document every incident and report every harrassment to the police - also feel free to forward this information to the landlord as well, as it may be handy evidence to have at a tribunnal hearing to get rid of the tenant.

 

[jaycee]

Don't wait until next time, get an AVO out too.... I fail to see why the PM can't do anything about it though. Shouldn't be hard to get an AVO with all your documented incidents.

Who anyone said the PM can;t do naythiing about it ?????

Mind you, I would hate to deal with it

 

[nww]

Not sure how it works with units but with home neighbours you can obtain the
owners details of a property boarding you from council.

I have in the past obtained an owners details of a rental nearby and found
the owner will sort out any issues if you phone them directly and even sooner
if you call them at inconvenient hours.

 

[Ed Barton]

you need friends in low places!!

 

[twobobsworth]

Not as serious but similar discussion previously here - http://www.somersoft.com/forums/showthread.php?t=58855&page=2

I would be speaking to your strata manager to see if anything can be done there followed by the licensee of the property manager.

 

[Jody in Darwin]

Hi Agenda,

The NT Tenancies Act contains the following:

"100 Conduct of tenant unacceptable

(1) A court may, on the application of the landlord or an interested person, terminate a tenancy and make an order for possession of the premises if satisfied the tenant has:

(a) used the premises, or caused or permitted the premises to be used, for an illegal purpose; or
(b) repeatedly caused a nuisance on or from the premises or repeatedly permitted a nuisance to be caused on or from the premises; or
(c) repeatedly caused or repeatedly permitted an interference with the reasonable peace or privacy of a person residing in the immediate vicinity of the premises.

(2) If the application is made by an interested person, the court may make an order for possession of the premises only if the landlord has been:
(a) served with a copy of the application; and
(b) given the opportunity to be heard by the court.

(3) If the landlord objects to the court making an order for possession, the court may make the order only if satisfied exceptional circumstances justify it."

Interested person, can be neighbours. If it is just one neighbour, they are not likely to have much luck. The more people involved, the better your case would look. Perhaps there is a similar section in the tenancies act in your state. In the NT, Consumer Affairs advise on the Tenancies Act, so whoever does this in your state would be the people to call to see if there is such a section (short of reading the legislation yourself) and how to go about using it.

Good luck.

Kind regards,
Jody

 

[Sez]

Who anyone said the PM can;t do naythiing about it ?????

Mind you, I would hate to deal with it

Sorry, just to clarify I was referring to Agenda's comment

"I do write everything down and at my last complaint, around early last month the real estate agent said they could not do anything, and basically stop emailing us.."

I really thought the agent would want this information and that they should be able to do something! Fingers crossed the owner is also aware of it all and they are going through the process to evict the tenant.

 

[jaycee]

Sorry, just to clarify I was referring to Agenda's comment

"I do write everything down and at my last complaint, around early last month the real estate agent said they could not do anything, and basically stop emailing us.."

I really thought the agent would want this information and that they should be able to do something! Fingers crossed the owner is also aware of it all and they are going through the process to evict the tenant.

I agree with you, the y shoudl be able to do somehting

The fact that they said don't email me doesn't mean they can't, but to me rather they don't give a rats and therefore won't do anything - totally different from " I can't do anything"

 

[Sez]

I agree with you, the y shoudl be able to do somehting

The fact that they said don't email me doesn't mean they can't, but to me rather they don't give a rats and therefore won't do anything - totally different from " I can't do anything"

yes, thats true - who would have thought that an agent would have such an attitude??????

 

[Theresa777]

I agree with you, the y shoudl be able to do somehting. The fact that they said don't email me doesn't mean they can't, but to me rather they don't give a rats and therefore won't do anything - totally different from " I can't do anything"

Continue with the Pester Power: Email the PM (IN CAPITALS) every single time any form of 'legal nuisance' occurs; daily, hourly, minute by minute. If you have to suffer this guy, the PM should suffer him too.

And ignore the PM when they tell you to stop emailing them, you are reporting breaches, and yes, they should receive such information.

Whatever you do, don't take the law into your own hands.

How awful, I really feel for you.

Good luck, I have my fingers crossed that today is eviction day!

 

[Agenda]

Thanks again all - very much appreciated.

Bit of an update : Here is the email for our strata manager

"I called the real estate and have been advised that the tenant is on notice and will be out as soon as possible.

Really sorry but she would not elaborate further, no guarantee when they will leave but at least you know they are on notice and the owners wants them to leave as soon as possible."

So what doesn this mean? Might they have agreed that when they find somewhere else to live that thats when they will be going?

Thinking most likely he's just being difficult.

 

[Sez]

"On notice" likely means they have been given a notice to vacate for no reason (120 days in VIC), that would be my first guess. As to how long is left before they leave, the 120 days need to expire and an application made to tribunal for possession of the premises. If they find another house sooner then they will leave sooner.

Keep pestering them with emails of events and get the AVO!

Fingers crossed it all happens sooner rather than later. I personally would send an email to the PM stating that as it is the safety of yourself and your family at risk you would like details of when this tenant is to be vacating.