notice to vacate -whats the min time
- Thread starter Georges
- Start date
Exactly one minute and 47 seconds.
That was the time it took to search the answer to your question.
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s246.html
Never owned any property in Victoria and therefore never had any need to look up the rulebook that governs your supposedly valuable asset.
I imagine Georges you'll spend some time now, reading the rules that govern your behaviour whilst owning property. Either that, or pay someone handsomely who has read the rulebook.
Chalk up another poster who, like my dear old father, decides to play a game without reading what the rules of the game are....sigh.
That was the time it took to search the answer to your question.
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s246.html
Never owned any property in Victoria and therefore never had any need to look up the rulebook that governs your supposedly valuable asset.
I imagine Georges you'll spend some time now, reading the rules that govern your behaviour whilst owning property. Either that, or pay someone handsomely who has read the rulebook.
Chalk up another poster who, like my dear old father, decides to play a game without reading what the rules of the game are....sigh.
Dazz is right. Don't guess, don't go by what has happened in the past. Don't confuse the issue of what notice the tenant has to give to vacate with the notice period a landlord has to give.
It's 14 days notice if the rent is 14 days late: http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s246.html
thanks Kate.
I issued them the form to vacate when the rent is 2 weeks late. Had to give them 14 days + 2 days for registered post time. Then, got a call from the tenant saying she was sick that's why she didnt respond to my emails, calls and sms. And I asked why dont she ask her husband to help pay, she said hubby broke his back, can't work, so they are relying on her Centrelink. And last month she told me her son was sick.
It seems like everyone's sick in her household when it comes time to pay rent?
And she was trying to get me to sympatise, saying she will be living on the street with only 14 days notice. I was trying to sympatise with her, until she said she has totally no money, and wants me to deduct her rent from her bond.
Now, the bond is not enough to cover for her 5 week rent default.
Is this somthing the landlord insrance will cover for tenant default???
I issued them the form to vacate when the rent is 2 weeks late. Had to give them 14 days + 2 days for registered post time. Then, got a call from the tenant saying she was sick that's why she didnt respond to my emails, calls and sms. And I asked why dont she ask her husband to help pay, she said hubby broke his back, can't work, so they are relying on her Centrelink. And last month she told me her son was sick.
It seems like everyone's sick in her household when it comes time to pay rent?
And she was trying to get me to sympatise, saying she will be living on the street with only 14 days notice. I was trying to sympatise with her, until she said she has totally no money, and wants me to deduct her rent from her bond.
Now, the bond is not enough to cover for her 5 week rent default.
Is this somthing the landlord insrance will cover for tenant default???
Georges, there's no excuse.
Also, your tenant cannot ask you to take the rent money our of the bond, unless they have vacated and the bond money has been awarded to you by VCAT to cover the costs.
Do you not have a lease drawn up so it's just you've already spent their bond and will pay it back on vacating or similar? As in, have you filled out the appropriate lease forms and send off the bond to RTBA and provided the tenant with all the receipts?
And how could you ask for bond money if you cannot view the property after a tenant has vacated?! You should have a property manager if you don't wish to evict the tenants yourself or go through the legislation, get one now!
Alternatively serve them with their 14 days notice, take them to VCAT to recover rent arrears and get them the heck out of there!
Under NO circumstance should you be letting your property privately if you are interstate and do not know the legislation or view the property.
And Georges, i saw the other post on 101 ways to annoy people on SS about being attacked - it's not attacking you as such and to be a LL you don't have to know everything - but to be self managing an interstate property is silly in my eyes if you do not know the legislation - perfectly fine if you know all the legislation, and i think that's what the others are getting to.
Also, your tenant cannot ask you to take the rent money our of the bond, unless they have vacated and the bond money has been awarded to you by VCAT to cover the costs.
Do you not have a lease drawn up so it's just you've already spent their bond and will pay it back on vacating or similar? As in, have you filled out the appropriate lease forms and send off the bond to RTBA and provided the tenant with all the receipts?
And how could you ask for bond money if you cannot view the property after a tenant has vacated?! You should have a property manager if you don't wish to evict the tenants yourself or go through the legislation, get one now!
Alternatively serve them with their 14 days notice, take them to VCAT to recover rent arrears and get them the heck out of there!
Under NO circumstance should you be letting your property privately if you are interstate and do not know the legislation or view the property.
And Georges, i saw the other post on 101 ways to annoy people on SS about being attacked - it's not attacking you as such and to be a LL you don't have to know everything - but to be self managing an interstate property is silly in my eyes if you do not know the legislation - perfectly fine if you know all the legislation, and i think that's what the others are getting to.
Georges, in Victoria, bond money can only be accessed under specific circumstances:
http://www.consumer.vic.gov.au/CA25...0-Bond~&3=030-Landlord+and+owner+bond+claims~
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/index.html#s1 - see section 404 onwards.
Landlords insurance should cover rent default, but only the portion that remains after the bond is applied in full. Check the details of your policy or call your insurer/broker to clarify.
I;m not interstate, i live in Victoria now.
I think I have to bring them to VCAT because they have only paid rent up until June 12. THey are vacating on July 15.
I emailed her asking her to pay $810 to cover for her rent until 3 July, she just replied " i have no money, you can deduct from bond. Also when you decide to kick us out we have to live on the streets now".
She has always been late paying rent, and wanted to pay in arrears, and delay on the payment, and was uncontactable when I'm chasing rent. She only respond to me when I send her warning to evict her.
I guess I have no choice but to take her to VCAT? But if she tells VCAT she doesn't have money, what can I do????
I think I have to bring them to VCAT because they have only paid rent up until June 12. THey are vacating on July 15.
I emailed her asking her to pay $810 to cover for her rent until 3 July, she just replied " i have no money, you can deduct from bond. Also when you decide to kick us out we have to live on the streets now".
She has always been late paying rent, and wanted to pay in arrears, and delay on the payment, and was uncontactable when I'm chasing rent. She only respond to me when I send her warning to evict her.
I guess I have no choice but to take her to VCAT? But if she tells VCAT she doesn't have money, what can I do????
hi
i dont see how an agent could do any different from what I'm doing now. The tenant didnt pay rent. There are only a few options that I or my agent(if i have one) can take.
In fact I'm taking better actions than my ex-agent. They used to allow tenants to pay most 2 months late and didnt even bother to chase the rent. Yet the agent was taking 7% commission for doing nothing.
At least this time I took action after 2 weeks the tenant missed paying rent and choose to evict them immediately.
i dont see how an agent could do any different from what I'm doing now. The tenant didnt pay rent. There are only a few options that I or my agent(if i have one) can take.
In fact I'm taking better actions than my ex-agent. They used to allow tenants to pay most 2 months late and didnt even bother to chase the rent. Yet the agent was taking 7% commission for doing nothing.
At least this time I took action after 2 weeks the tenant missed paying rent and choose to evict them immediately.
Well for one an agent will know the appropriate laws surrounding evicting tenants and whether they need to take the matter to VCAT or not.
Also you cannot base your views on all PMs just because of a few bad experiences.
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