Tenant arrested, house vacant.

[NSWinvester]

Hi everyone,

To respect my tenants privacy, I will keep the information given to only describe the situation.

The male tenant has been arrested on domestic violence last week, This came as a complete shock to me as they were a very nice couple, I've visited them on many occasions.

His girlfriend (ex maybe) has moved out and I was going to find out if he gets bail yesterday (05/09/12) from his mum, which I keep in contact with since his arrest and she has looked after the house. What makes the situation worse is the tenant doesn't know his mum is looking after the place and they are not getting along.

I've called his mum on several occasions since by phone and text message and no answer...

The tenant is now 1 week behind his rent, I hold 4 weeks bond money. Should I give a notice of eviction? on the grounds that the house is vacant and there is still stuff there.

Note: this is a self managed property, thank you for your help in advance.

 

[HotRod]

I'm not going to be any help, but this is one reason I don't self manage.

Really don't need things like this in my life plus being a social worker to sort out family matters at the same time. Sometimes paying someone else to do it and who knows the law is money well spent.

 

[thatbum]

100% commence termination proceedings based on rent arrears.

Its to protect yourself going into a very uncertain future ahead. The thing is, its much easier to pull the plug on eviction proceedings along the way, rather than try and commence them when you realise you need them.

It includes actually obtaining an order for termination and vacant possession - you don't actually have to enforce it per se. For example if it works out you offer a new tenancy to one of the tenants and/or her mother.

 

[Scott No Mates]

The current NSW Residential Tenancies Act has specific clauses for lease-break & domestic violence. Contact OFT if in doubt but try to minimise your losses.

Get your paperwork in order & send your application to terminate the lease into the CTTT asap, it can always be cancelled.

 

[NSWinvester]

I'm not going to be any help, but this is one reason I don't self manage.

Really don't need things like this in my life plus being a social worker to sort out family matters at the same time. Sometimes paying someone else to do it and who knows the law is money well spent.

I've self managed for 7 years and have had no problems this is the first time a eviction notices was even thought about. There are Pros and Cons to self managed properties and this is definitely one of it's drawbacks.

His mum did get back to me and said he is visiting him this Sunday and will ask him if he wants to continue the lease. I have also suggested his mum take up the lease.

I've always looked after my tenants and hopefully they will do the same for me.

Thank you for your help and will keep you updated.

 

[wobbycarly]

I've self managed for 7 years and have had no problems this is the first time a eviction notices was even thought about. There are Pros and Cons to self managed properties and this is definitely one of it's drawbacks.
*snip*

Reminds me of "starts in fun, ends in tears." It's all peachy until a problem rears its head.

 

[kathryn d]

I'm not going to be any help, but this is one reason I don't self manage.

Really don't need things like this in my life plus being a social worker to sort out family matters at the same time. Sometimes paying someone else to do it and who knows the law is money well spent.

And we all know that having a PM doesn't guarantee that, unfortunately.
As others have stated, start the paperwork, it can always be cancelled.

Today we have a hearing for rental arrears. They have since paid up, but we told them unless they show up for the hearing and sign a mediated settlement, we will continue with eviction.
This will bring us closer to eviction if we need it, and it will also keep them on a short leash.

 

[thatbum]

...They have since paid up, but we told them unless they show up for the hearing and sign a mediated settlement, we will continue with eviction.

What do you mean by mediated settlement? What would they be signing?

 

[kathryn d]

What do you mean by mediated settlement? What would they be signing?

They agreed that the male partner must provide the postdated cheques drawn on his account, because every cheque she writes bounces.
We have permitted them to make payments that correspond with his paycheque.
If they default, they agree to vacate. Then we can bring in the sheriff if necessary.
This means we no longer need to wait until they are 30 days in arrears, and the further 15 days we must give their notice period for.

If they don't sign that, we will continue to evict

 

[mattysavager]

To OP.

IN QLD you can serve an Abandonment notice and take control of the property if no response is received. If the girlfriend is gone and the man is in jail, they won't likely be reading their mail. Not sure about NSW notice periods.

You may have to legally store all the contents, I'm not sure of the laws in NSW, but if you've got the mother on board, then have her take all the belongings and start advertising immediately.

I'm guessing you don't have landlord insurance?

 

[thatbum]

They agreed that the male partner must provide the postdated cheques drawn on his account, because every cheque she writes bounces.
We have permitted them to make payments that correspond with his paycheque.
If they default, they agree to vacate. Then we can bring in the sheriff if necessary.
This means we no longer need to wait until they are 30 days in arrears, and the further 15 days we must give their notice period for.

If they don't sign that, we will continue to evict

I'm fairly certain such an agreement wouldn't be enforceable.

And its probably a breach of the Act to require payment by post-dated cheque as well.

 

[luckyone]

I'm fairly certain such an agreement wouldn't be enforceable.

And its probably a breach of the Act to require payment by post-dated cheque as well.

Their situation is a bit different as their properties are in Canada. It might all be perfectly legal over there.

 

[NSWinvester]

I'm guessing you don't have landlord insurance?

Yes I do have landlords insurance but I don't have rent protection.

I have been to the property after the arrest of the tenant on 3 occasions to help the mum secure the property and help move furniture together with his older brother. The property is good condition, I only got worried when she didn't return my call after 2 days.

I have put through the eviction form just in case. I will have to wait until Sunday.

 

[willair]

Yes I do have landlords insurance but I don't have rent protection.

I have been to the property after the arrest of the tenant on 3 occasions to help the mum secure the property and help move furniture together with his older brother. The property is good condition, I only got worried when she didn't return my call after 2 days.

I have put through the eviction form just in case. I will have to wait until Sunday.

As you maybe will find out,the first will be the tenants property and the way you handle his gear,the second too keep in the back of your mind is this gentleman will get out and look for someone to blame,and the 3rd is why are you not covered with landlord insurance,i'm going through the pdd of the landlord insurance we have just too make sure we are covered..
good luck..

 

[Lil Skater]

Hang on, why is the mother involved at all?

I'd be very careful to be going into the property without your tenants knowledge, especially with members of the family they're not getting along and moving belongings..

 

[INVSTOR]

Hang on, why is the mother involved at all?

I'd be very careful to be going into the property without your tenants knowledge, especially with members of the family they're not getting along and moving belongings..

Exactly, the mother isn't part of the lease.

Sounds complicated. The mother is going to move in?

 

[Dazz]

Sounds to me like the donkey that is supposed to be pulling your residential wagon along that you are sitting atop of, just had three of his legs chopped off.

My suggestion is unhitch your wagon ASAP from this lame donkey, and go find yourself another donkey to hitch your wagon to.

Best course of action is obviously find yourself a team of 6 or 8 thoroughbreds, but unfortunately the coupling of your wagon doesn't connect to those....it only attaches to donkeys....but that's a discussion for another day.

In short - find another donkey.

 

[mattysavager]

Thanks Dazz for that wonderfully helpful post.

Back to the point though - what is the point in having landlord insurance without 'rent cover'? Rental loss is usually the major portion of a claim (unless your'e really unlucky!)

 

[Dazz]

Thanks Dazz for that wonderfully helpful post.

Back to the point though

Cough...."the point" my dear was clearly addressed.


"The point" was....

Should I give a notice of eviction?

My answer was a very clear "yes".


Your 'point' mattysavager about insurance was not asked by the OP.

 

[kathryn d]

I'm fairly certain such an agreement wouldn't be enforceable.

And its probably a breach of the Act to require payment by post-dated cheque as well.

It is enforceable.
Before any hearing both sides are asked if they can come to a "mediated agreement". Since we already outlined to the tenant what is required for them to stay, they agreed.
The tenancy officer wrote up the mediated settlement. Everyone signed. There is no appeal to a mediated settlement, and we can required post dated cheques.

Different rules everywhere.
What doesn't change, it that you must stay on top of the situations as best you can, for your area.

To the OP,
You need to be careful as others have said.Are you able to contact the tenant directly? He may have money in his account he can transfer.Sureley his lawyer would be able to help him take care of his financial affairs?