Problem with tenant- what do I do?

[Shonnie]

This post is on behalf of my mum- she has only just started renting to this tenant and she is having some problems- she would like to know what she can/should do in this situation..

Hi all
I am very new at this game and am now experiencing problems with a tenant that has been in my house for 4 months

A number of issues have emerged:

1. Tenant is paying small amounts and not by the calendar month. There has now been three occasions where he has been asked to pay the arrears. He has now asked for more time to pay…how do I stand as a landlord? What can I do if he continues to ask for more time or if he pays in bits?

2. He is also using the delay in payment scenario as an excuse by saying that there are problems in the house..e.g aircon trips out, one hotplate doesn’t work, gardener is not doing his job. All of the above are being addressed as outlined in any rental agreement. E.g. fixed in 14 days

3. An email I just received from the property manager (which had been written by the tenant) was full of innuendos and in some parts considered slanderous… how should this be handled?


I am now starting to realise that this tenant is not a good one.
Has anyone had similar experiences…what should I do?

 

[The Y-man]

Hi Shonnie,

Is the property with an agent or self managed?

Unfortunately sounds very similar to:
http://www.somersoft.com/forums/showthread.php?t=30526&highlight=tenant

The Y-man

 

[Shonnie]

Through an agent- But due to some slackness on their behalf, mum has been trying to liase directly with the tenant. Thats resulted in more anomosity.. so she has stopped doing that...

 

[Jacque]

When does the lease expire? I'd be giving the required notice to vacate upon expiration and getting him out of there pronto.

The PM doesn't sound like she's doing her job properly either- I try to get all my tenants paying Direct Debit from their bank accounts as a way of managing arrears. Ask if this is possible for this tenant, as you are not happy with the dribs and drabs (as well as the excuses!).
Keep communication records between the PM and yourself (or your mum) and stay within the legislation. You have rights, as well as the tenant, and you would be wise to read up and see what it is you can do in this situation. If your PM doesn't know (and hasn't sent out arrears notices etc at the required times) then it's time to start looking for a new PM as well.

Good luck with resolving it all

 

[mitch]

Hindsight is a wonderful thing.

l would think getting onto the office pricipal and let them sort it out with the tennant and the rental dept , why have a dog and bark yourself ? lf your not happy with the service , go to the top.

Regards Mitch

 

[DianneB]

Latest events

Hi all
Today I received a call from the Director of the PM group who is trying to resolve the situation I am in with the tenant.
According to the agent:

• 
  [INDENTLIST]I cannot do anything about part payments ...if the tenant pays within the 14 day period I have no recourse??!! I have insisted that I want this guy evicted however I do not appear to have any way to do this unless he does not pay for 14 days...? What can I do?
  
  I have an aircon in the house which kept tripping out. The agent organised her brother to fix the aircon (an electrician). I have questioned about the conflict of interest. It cost $400. I am now informed that the aircon is still tripping if left on too long....
  The Director of the company stated that it must be fixed as the tenant rented the house on that condition...!! My question, what if it cannot be fixed? Can I suggest a mobile aorcon as another measure? How should I handle this one...I feel like I have been duped by the PM and the tenant
  
  It appears to me that the PM has let me down every step of the way and this has become quite ugly. As I am new to all of this I really need advice as to where I should go with this....should or can I change agents with the current tenant in the house?
  
  Regards
  Di

 

[BV]

Shonnie,
Find out why the aircon is tripping.
Did they use the correct type of circuit breaker?
For aircons you need slow tripping breakers type B or C
(if I remember the type correctly) because of the high start up current.
How long is the lease?
Give him notice to vacate the premises now
and tell your PM you are not happy with the handling of the case.
I wouldn't change PM's right in the middle of a dispute
bypass the PM and ask to speak to her manager.
As a last resort you can threaten to take the property to another agency.
cheers

 

[regrow]

Hi DianneB

I have an aircon in the house which kept tripping out. The agent organised her brother to fix the aircon (an electrician). I have questioned about the conflict of interest. It cost $400.

Firstly why did an electrician go to do what it appears to be a job for a QUALIFIED Refrigeration / Air Conditioning Mechanic.

And secondly what did he do for $400????

A/C Mechanics have restricted electrical licenses to deal with A/C electrics.

Refrigeration / Air Conditioning Mechanic's do a four year apprenticeship to learn about refrigeration and air conditioning so you wouldn't call one up to come have a look at your lawn mower would you?

What type of A/C is it?... Ducted or a Split A/C

Does it trip when unit is turned on?
or when the compressor starts?... ie fan runs but when cooling or heating starts then it trips.

Either way an electrician should have been able to diagnose the fault but $400!!! How long was he there?

I have a mate who is Qualified in A/C who lives in Melb so feel free to PM me for his details if you want.

And yes I am also a Qualified Refrigeration and Air Conditioning Mechanic.

Regards

Regrow

 

[George]

Looks that tenant is building his case, not sure what motif is?

Maybe wants to lower the rent?

After all AC was part of the deal.

 

[dave99]

Hi DianneB,

With the arrears, any amount received should be applied against the oldest amount outstanding. If the total outstanding rises above 14 days rent (1/2 a month), you can commence the eviction process.

For the agent to say that if you receive ANY amount every 14 days, then nothing can be done, is not true.

In regards to the problems in the property, the tenant cannot withold rent because of this - but is entitled to have it fixed.

I think a long chat with the agent - with the threat of changing to another agent immediately - is the way to go.

- Dave99

 

[fernfurn]

One tenant renting a girlfriends house used every trick in the book to find something that was broken every month to hold up the rent and wouldnt pay until it was fixed. They wont change, thats their game. Get rid of them. Another had an agent who was always on the tenants side with every problem under the sun, she then found out it was a friend of the agent.

 

[tssk]

Bizarre. I was under the impression that short of the place burning down as a tenant you could never withold rent.

 

[sailor]

Bizarre. I was under the impression that short of the place burning down as a tenant you could never withold rent.

Correct...this is my understanding too.

 

[Dazz]

short of the place burning down as a tenant you can't withold rent.

Sort of....until the human sympathy factor comes into force...

What with the biased RTA / lax tribunal members / stalling part payment tactics / crying / expert Tenant Union tuition on tenant's rights / ignoring letters of demand "but I didn't receive it" / and a whole raft of other stalling tactics to put a massive buffer between the Landlord and the cash they are owed....shhh....that's a dirty word at the tribunal, the waters are murky to say the least.


This is all part of the game.....if you have difficulty playing the game and hitching your wealth carriage to other people's private troubles and dramas....the solution is simple.

Unhitch and don't play that particular game. It's harsh and unsympathetic, but I reckon this is a numbers game, not a human game we play. Many people would disagree.

 

[sailor]

This is all part of the game.....if you have difficulty playing the game and hitching your wealth carriage to other people's private troubles and dramas....the solution is simple.

Unhitch and don't play that particular game. It's harsh and unsympathetic, but I reckon this is a numbers game, not a human game we play. Many people would disagree.

On yer Daz! (Should that be 2 x z's?)

I've just started reading Kyosaki's "Cashflow Quadrant"...and nowhere therein is being a charity or a benevolent society conducive to building wealth. The reasons we all get into IP's is to build wealth, so that we can have more "free choice" time, have our money working for us, and have some other things in life that we wouldn't have otherwise.

As a landlady my philosophy is not to rip off my tenants, and not to have them rip me off. I believe in having a "value for value" relationship with them. The value I give them is a nice place to live, and respect for their "home". The value they give me is $$$$ at the end of each month, and respect for "my property". Now, I see that as a fair and reasonable exchange of value for value.

If the tenants don't like my "value for value" terms....they can choose to live elsewhere. Likewise, if I don't like their terms, I can find another tenant. We all have choices....make them!