Tenant can't find another home to move to after given notice to vacate

S

Sove18a

What happens if a tenant has been given a notice to vacate (because the owner wants to sell the house) and the tenant cannot find another house to move to within the notice period?

Can the property manager force the tenant out knowing the tenant has nowhere to go? Can more time be given?

Is there any requirement for the PM to give assistance to the tenant to find another home to move to?

Thanks!
 
If the tenant does not move out, the PM can seem an order from the court to obtain vacant possession.

There is no legal requirement for the PM to help find a new property, although for a good tenant a good PM would probably try their best.
 
The PM will have to apply to VCAT (if in Vic) for a warrant of possession.

If it's a good tenant the PM can try to place them in another property if they have one available.
 
Seems a bit heartless for the PM to get a court order to force the tenant out when the tenant really has no where to go even though they have made every possible effort to find one.

Does the tenant have grounds to challenge the notice to vacate on the basis that they cannot find another home to move into? They are not refusing to move out but just simply want more time to find an alternative accomodation.

Thanks
 
Sove18a said:
Does the tenant have grounds to challenge the notice to vacate on the basis that they cannot find another home to move into? They are not refusing to move out but just simply want more time to find an alternative accomodation.

Thanks
Click to expand...

How much time have they already been given? Plenty of places for rent.
 
Not how it works, as much as some folks would like it to be.

Why should an owner supply a roof over a tenants head just because they cant find another place to live, after being given far more notice, than they would themselves, have to give to vacate...?

The landlord might be homeless too and need the house...!:eek:
 
The tenant can ask the landlord for an extension on the notice. However, the time has lapsed for the tenant to challenge the notice.

The PM isn't heartless, they're just doing their job as instructed by the landlord. 60 days or more is plenty of notice for a good tenant to find a new place.

Also, if the property has been sold, the purchaser may have no where to go if the tenant doesn't leave on time.
 
Sove18a said:
Seems a bit heartless for the PM to get a court order to force the tenant out when the tenant really has no where to go even though they have made every possible effort to find one.

Does the tenant have grounds to challenge the notice to vacate on the basis that they cannot find another home to move into? They are not refusing to move out but just simply want more time to find an alternative accomodation.

Thanks
Click to expand...

This sounds like tenant speak to me.

Landlords are never heartless when gaining control over their assets if they have complied within the tenancy legislation by issuing the appropriate notices on time. 60+ days to evict is more than enough time to find alternative accommodation.
 
sove18a,

What is the reason they can't find another place?

Is it a specific requirement of:
- location
- price (I bet it's this one, especially if they have been paying below market on the current one)
- access (eg disabled access)
- other?

The Y-man
 
I just found out I'm facing this situation at the moment (as landlord). My tenants have been on a 2 year lease which finishes on Sunday. The PM gave them notice at least 2 months ago that the lease wouldn't be renewed and issued appropriate notices.

Got a call from the tenant today saying that she hasn't been able to find a property. She is two weeks behind in rent and also owes about $1400 in water bills and a repair to the plumbing caused by her.
She just called the PM to ask if she can she have two more weeks. GRRRR!!!

I have taken time off work for next week, organised tradies for quotes and to complete some work (which can't go ahead until I can get in and clear part of the garden). Now it looks like I shall be left even further out of pocket.

These tenants are far from perfect. Reliably late with rent, almost impossible to contact, wouldn't let my plumbers enter on multiple occasions despite having the correct entry notices issued (Finally only did it as raw sewage was leaking from a pipe she had cut) . Last inspection we discovered she had done her own internal paint job after being told not to, chosen a yucky colour, slapped it over the skirting boards, and ran out of paint/got tired half way so a section of the lounge room is baby poo green while the other is canary yellow. The carpets were filthy.

Sove18a, think about it from the landlords perspective - the end date of the lease has been known for two years.. why should they be put out because the tenant perhaps took too long to start looking and applying and now is in a predicament.

If I had tenants lined up to move in on Monday, how would this situation work? Would she have to leave, or would I have to delay the start of the new tenancy?

The PM is lodging court documents next week. We are waiting to see if the tenant pays any rent over the weekend before agreeing to the two week extension but it seems the law is in her favour and she will get the extra two weeks :mad:
 
The PM should already be onto getting an order to vacate and have the sherrif ready and waiting.

get 'em out and stop mucking around.

This tenant is taking you all for a nice little ride.
 
I've had that. The tenant was way behind in rent. He asked for more time to pay- but in the meantime always had money for cigarettes (don't they always?) and even to go on a holiday for a week. Because of the consistently bad history, I enforced the eviction.

If a tenant had been a good tenant, and if I had not made alternate arrangements, I would have (and have) allowed tenants some flexibility.

In the case of selling a house, an owner may be in a position to allow a bit more flexibility, subject to the house being available for inspection at any time. An agreement may be made to waive notice of an inspection perhaps.
 
allegria said:
We are waiting to see if the tenant pays any rent over the weekend before agreeing to the two week extension :mad:
Click to expand...

Hi Allergia - if the tenants have pretty much destroyed the property & are currently late on the rent why would you even consider an extension. Especially if it will mean the other jobs you have planned have to be pushed or you're out of pocket.

Those sound like the tenants from hell. Get them out ASAP! You're not running a homeless shelter, you're running a business to make a profit remember?

Obviously you need to follow the tenancy laws - but make sure you get them out.
 
We had this scenerio a couple of months ago. In our case, when a Fixed term Lease expires, unless the landlord has given written expressed permission, the tenant MUST vacate.
We had this particular woman (+family) refuse to move. We made a visit to our local police, told them we were going to be taking back possession of the property. The police stated they didn;t have a problem with that.
When we arrived the tenant started cursing us. Rob changed the lock on the shed. The tenant started threatening to call the police. We said go ahead, we just came from there. Rob then proceeded to remove all the exterior doors. She still ranted and raved, smoking inside...I told Rob to remove all the interior doors.
When we left, I told her to be gone by noon the next day, because we will be back with moving trucks otherwise. We returned the next morning at 11 am, and she wasn't there, but her crap still was. Rob installed the exterior doors , with new locks, and secured our premises. Then we removed her crap.
 
Perhaps I was too emotional when I posted Waldo. I wouldn't consider the property to be trashed and them to be tenants from hell. When I think tenants from hell, I think of the stories that make Today Tonight/ACA. They were fine (but still hard to contact) up until a few months ago when the husband left and the wife seems to be struggling.

I'm going ahead with getting the quotes this week. While I'm there for the quotes I'll clear the small garden ready for termite trenching to be laid on Wednesday. No more pussy footing around trying not to disturb the tenants whilst they are/(should) be packing. The PM has issued the entry notices and will send a rep down with the keys.

They are paying above market rental, even after renovating, I'll receive $50-$70 less a week than I do now. Because of that part of me is thinking I should extend the lease until mid-December, get the work done (if tradies are available then?) and then rent out in the peak rental month of January. The other part of my brain says get them out asap, get the work done, and get a stable family in.
 
geoffw said:
The tenant was way behind in rent. He asked for more time to pay- but in the meantime always had money for cigarettes (don't they always?) and even to go on a holiday for a week.
Click to expand...

I've indulged in a little bit of facebook stalking.. :cool: They seem to go to Sizzlers, theme parks and the movies a lot. Perhaps if they paid their rent I could enjoy those experiences too :rolleyes:
 
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