Shifty Tenant, give boot or make a deal?

[datto]

I've been renting a unit to a single tenant for nearly 3 years.

I have come to the conclusion that the tenant does not live there and the unit is being occupied by an adult and a minor who are family members and I believe the adult may be an illegal immigrant (or maybe both are).

The tenant claims the people in unit are friends or merely looking after the place while tenant takes a vacation......shifty

The tenant uses a storeroom attached to my unit for storage of personal belongings. There is also another storeroom and a large garage that are empty and I want to use them

If I dob them in to 'migration dept I'm sure my unit will get raided, occupants locked up and my tenant gets the boot.

I want to ask my tenant for use of the vacant storeroom and garage to store a car and personal belongings...all legit...

I know I've got the tenant over a barrel as I will mention unauthorised occupants, illegal immigrants and detention centre all in the one sentence.

Am I being an a-hole? or this a legit fair deal....you know, everybody happy

 

[k88k]

they are not following the contract conditions i guess, such as the number of tenants, etc.

But IMO if they are not damaging the property, paying rent on time, then i would let it go. Otherwise if the property is in bad condition you have more power to kick them out.

 

[datto]

Thanx k

Tenant always pays on time

property is sometimes a little on the dirty side but tenant cleans up on follow up visits.

I suppose I am being taken advantage of by having extra people in unit, and I do need the garage and storeroom so I think it's a fair deal.

 

[marg4000]

If the lease covers the entire property then the tenant has use of all areas. You cannot simply take over the garage and storage area unless excluded under the lease.

At the end if the lease you can re-negotiate with the tenant to exclude those areas as a condition of renewal. Or, simply don't renew.

Not sure how much action would be taken on an unsubstantiated dob-in unless you have concrete proof. Suspicion on your part would almost certainly not be a basis for a raid.
Marg

 

[datto]

If the lease covers the entire property then the tenant has use of all areas. You cannot simply take over the garage and storage area unless excluded under the lease.

At the end if the lease you can re-negotiate with the tenant to exclude those areas as a condition of renewal. Or, simply don't renew.

Not sure how much action would be taken on an unsubstantiated dob-in unless you have concrete proof. Suspicion on your part would almost certainly not be a basis for a raid.
Marg

Lease does cover the whole property, hence I was going to ask for the storeroom and garage. I was planning on removing the light globes so that I use none of tenant's electricity.

The lease expired 2.5 years ago and was never renewed.

Thanx Marg

 

[Lil Skater]

I don't see a problem negotiating with the tenant for use of the garage/storage area. Although I do think you're being an a-hole if you think that threatening them is the way to go about it.

If you're not happy with how they're currently using the property, issue a NTV.

 

[WattleIdo]

I don't see a problem negotiating with the tenant for use of the garage/storage area. Although I do think you're being an a-hole if you think that threatening them is the way to go about it.

If you're not happy with how they're currently using the property, issue a NTV.

I'm sure you'll do better with your negotiations if you go about it nicely. Obviously you don't want to 'dob them in' - even if there's anything to dob - so either draw up a new lease or issue a NTV - whatever that is.
Don't be a whacko, datto.

 

[property_girl]

I don't think there's anything wrong with asking for the use of those areas. However, think first how you will discuss the 'illegal immigrant' bit. You don't want to sound as though you are blackmailing. Diplomacy will work. Make it sound like a 'you scratch my back, and I'll scratch yours'.

 

[datto]

"Nice" is my middle name

No threats. This is great, airing my thoughts on this forum has brought out a lean but not mean negotiating machine.

Yeah, back scratching, that's it. As the tenant is from the Orient I should ask for a weekly back and neck massage as well lol. Just kidding. A weekly rub n tu.....don't go there datto lol.

 

[Ed Barton]

Am I being an a-hole?

yes

The message you have entered is too short. Please lengthen your message to at least 10 characters.

 

[datto]

But Ed, The tenant must also be an a-hole for pulling a trick like this on me in the first place....no?

Sure, the tenant had a need and now so have I ie I need the garage and storeroom.

 

[Macca]

So you have had a tenant for years who pays on time, has not trashed the place, is not running a drug factory and you are complaining

I suggest they know they are bending the rules and so are well behaved and pay on time. If the name on the lease is contactable, they allow inspections, don't make excessive repair claims then I would be taking it easy asking for access to storage space.

Maybe suggest you use some of the space instead of a rental increase, the problem could be that it gives you a reason to be there more often and that may make them nervous.

Another thought is that if you were to confirm they are illegals and you do not report it you may have committed some kind of offence.

 

[catsteve]

Why is everyone here so tolerant of ILLEGAL immigrants. If they have no right to be here then give them the boot.
Im sure a legitimate migrant might like the opportunity a a job and roof over their head.

report them.

 

[Lil Skater]

Why is everyone here so tolerant of ILLEGAL immigrants. If they have no right to be here then give them the boot.
Im sure a legitimate migrant might like the opportunity a a job and roof over their head.

report them.

Currently there is no proof that the people residing in the property are, in fact, illegal immigrants.

The tenant has done the wrong thing by not informing of a change in the occupation of the property, but that doesn't automatically mean the others are illegally residing in Australia.

I'd get the people residing in there to fill out an application as well, you need to know at all times who is in the property. Photo ID and proof of income is required, and if they are immigrants then you'll need to request a copy of their visa/immigration records and go from there.

Until then it is completely unknown and you cannot jump to conclusions.

 

[nhg]

There are extra people living in a number of my properties...

So what.

The rent is paid on time, the house is kept clean, and I don't know of any incidents where the tenants, registered or un-registered are jumping down on the roof damaging tiles.

I have negotiated to use the unused storage shed at my properties. Simply add a clause to the original contract and have it resigned. No problems had. However the 'hey I'm gna threaten to get my way' is an A-hole way to do things.

If you want a great long term tenant, let them feel like the house is their own. As long as it is returned in the same condition at the end of the lease, who cares. Re-paint the walls, put up pictures, etc. Suddenly a lot of maintenance repair requests vanish as they like looking after their own place and the rents are kept at a premium.

 

[datto]

Macca -

The tenant is already on a good deal.

Over the last, say, 6 months I have spent a fair bit of time at the unit block doing outside repairs and cutting grass etc as we are trying to reduce BC levies.

I have spoken to other residents in the block and it seems to be common knowledge as to what's going on.

It appears a local religious group is behind this set up.

I don't think its an offence to harbour an illegal.

Catsteve - points noted

lil Skater on the balance of probability I'd say they are illegals.

I really don't want anyone else name on the lease. I want the current tenant responsible for the unit, not some possible illegals.

nhg ....points noted. Yeah I haven't asked for anything yet from the tenant.

So I don't really have cause to make threats. A sticking point could be electricity use but I'll just have to give my word I won't use any, maybe tape over the power points and remove the light globes.

But if the tenant refuses to allow me use of some of the property then I think the rent will be jacked up, most definitely.

 

[Macca]

I realise that it is very unlikely but if you were to upset them and they "thought" you were the reason they got busted they may claim that you knew they were illegal

http://www.judcom.nsw.gov.au/publications/benchbks/local/commonwealth_offences.html#p15-340

[15-340] Offences under the Migration Act 1958

Sections 229, 230 and 232 deal with the carriage of unlawful non-citizens in Australia. The offences are summary (maximum penalty fine).

There are now specific offences concerned with the entry of groups of five or more unlawful non-citizens to Australia: ss 232A and 233A. These ?group? offences may be dealt with only on indictment. Otherwise, subject to the above, the offences of bringing unlawful non-citizens into Australia, making false statements to officers, or harbouring illegal immigrants, using or possessing another person?s visa, may be dealt with summarily if the informant and defendant consent and the court considers it appropriate. Maximum penalty on summary conviction is two years imprisonment and/or a fine of 120 pu ($20,400).

 

[Xenia IM]

You know you can analyse this and assume and draw conclusions all day long and at the end of the day it will not make any difference to anyone.

what do you want Datto? ALL you can do is focus on what you want.

Do you want them to keep paying rent? - then leave it alone.

Do you want access to the garage? Say so - ask! You do not have a legal right to ask so respect the answer.

Do you want to get them in trouble for being illegal immigrants? - There will be consequences - causing a vacancy is one of the consequences - but you WILL get the garage this way. You may even get to feel good (for a while) for getting back at them for whatever you are perceiving that they have done to you.

There is no right or wrong - focus on what you want and go get it - out of all the justifications and reasoning in the world - none are real.

 

[Blacky]

Why is everyone here so tolerant of ILLEGAL immigrants.

report them.

Im kind of with you on this. There is suspicion that the tenant is harbouring illegal immigrants - yet everyone is overlooking this.

If it was suspicions of a drug dealer, tax cheat, insurance cheat or any other law breaker would the same lax approach be taken?

If you report them, they get investigated and its found that they are not illegals - well, not harm no foul in my opinion.

Blacky

 

[Moneyman_85]

What was the outcome Datto? Did the tenants agree for the storage?