Tenant not move out

[Raymond]

Hi, can anyone give me an advice about my tenant not moving out my permise. I already gave him 60 days notice through my agent but the tenant just keep on saying he can not find other place to move in. How long he can stay after the due date and how long it will take for the tribunal to resolve the case. My concern is that the tribunal will lean to the tenant side and ask me to let the tenant stay until he find other place to move. It is quite urgent for me as my friend has to move in ASAP because his lease agreement is terminated already.

 

[craigb]

if your charging the same rent you might be better off with the person that is already their , but i do not know the answer to the question , perhaps Y man has a clue on the answer ,

 

[Collector]

1. First of all ensure that the 60 day termination notice was issued correctly, have your PM check to see that the correct notice time had been given including the 4 working days for postage. (If this is out by 1 day you have an invalid notice and will need to start the process again)

2. If the date has passed and the tenant still in the property; apply to the tribunal for a Termination and Possession Order - you must do this within 28 days of the date passing. So don't let you tenant string you along week by week - your notice will become invalid if you do.

3. The tenant would most likely vacate soon after he/she receives the notice of hearing from the tribunal. (Most tenants don't want to go to the tribunal)

4. If you end up at the Tribunal insure that all paper work is in order, you don't want the matter to be thrown out because of an incomplete Management Agency Agreement e.t.c.

5. At Tribunal, if the tenant does appear the sitting member will tend to lean towards there position - all that means is that they will still terminate the lease - they will allow more time for the tenant to move - up to 1 month. If the tenant does not appear the Sitting Member will ask about the tenant and your circumstances -at this point you must strongly plead your case and explain how important you need the property back - the stronger your case the sooner the ordered date will be.

6. If the tenant still does not vacate after being ordered to by the Tribunal you will need to go back to the Tribunal and request a Certified Copy of the Order (you can do this by fax as well), take the Certified copy to the Sheriffs office pay a small fee and the sheriff will go to the property and evict the tenant.



I know this process looks daunting - the sooner you start it the sooner it will be over (hopefully by step 3) and then you will be able to move on.

 

[atti]

hi collector, i am managing the property myself, i have situation where this new tenant hasnt payed rent for about 2 fornights already, what actions should i take ? he was ok first 2 fornights...

something is very sus, he hasnt returned my phonecall for an inspection. i got a feeling he is propergating hydro in my back shed as i see the lights on at night.

 

[Collector]

hi collector, i am managing the property myself, i have situation where this new tenant hasnt payed rent for about 2 fornights already, what actions should i take ? he was ok first 2 fornights...

something is very sus, he hasnt returned my phonecall for an inspection. i got a feeling he is propergating hydro in my back shed as i see the lights on at night.

If you are close to the property go there and: See if they are still there, knock on the door, check the letterbox for dated post marks, look though a window, then go back again at night see if there is any lights on (apart from the one in the shed) - knock on the door.

If you still have tenants and they have not taken off ask them for the rent.


If this does not work, you will need to issue them with a termination notice, in NSW we are able to do this once a tenant is more than 14 days in arrears - you will need to check the laws in your state as they do vary.


Do you have a written lease in place?
Is all your documents in order?
Have you got landlord insurance?



BTW - I doubt the the tenant is growing dope in your shed, tenant who do such things always pay their rent on time

 

[jaycee]

BTW - I doubt the the tenant is growing dope in your shed, tenant who do such things always pay their rent on time

Not always, idiots do exist ... even idiot drug growers

 

[atti]

Not always, idiots do exist ... even idiot drug growers

guess what, it happened when i turned up with the cops today, cops didnt feel the shock... damn gut feeling was right now the tenant has abandoned the place, whats my next step ?? claiming insurance to fix my house asap so i can release it ?? calling tribunal and do a termination ?

i am an idiot for picking a dope head in first place, grrr he didnt look like dope head....

 

[melinda]

"Dopeheads" come in all shapes an sizes. Anyway maybe he wasn't using just selling.

I have a friend in kind of the opposite situation. She has been renting in a sharehouse for a few months now. She does not have an official lease and has paid cash to the landlord since moving in. She has also paid a bond of 4 weeks rent but she doesnt think the landlord has lodged it with the rental bond authority. Anyway, the landlord has just asked my friend and the others to move out. apparently his sister and her family have arrived in the country and he wants the house for them. The landlord has been to the property on a number of occasions in the past week fixing up things around the place that were broken/substandard, installing firealarms and the like. He has not sought permission from the tenants to enter the property. My friend and the other tenants are obviously upset and want to know where they stand legally. Can they be asked to leave when they were given a "verbal contract" to stay for the year? Doesn't the landlord have to give them some notice before turning up? At the moment my friend and the other tenants are considering just staying in the house and not moving... but the landlord has keys to the place. My friend is worried about that as she has some expensive jewelry. Finally can my friend go to the tribunal - or because she doesnt have an offical lease is that not an option?

Mel

 

[Collector]

"Dopeheads" come in all shapes an sizes. Anyway maybe he wasn't using just selling.

I have a friend in kind of the opposite situation. She has been renting in a sharehouse for a few months now. She does not have an official lease and has paid cash to the landlord since moving in. She has also paid a bond of 4 weeks rent but she doesnt think the landlord has lodged it with the rental bond authority. Anyway, the landlord has just asked my friend and the others to move out. apparently his sister and her family have arrived in the country and he wants the house for them. The landlord has been to the property on a number of occasions in the past week fixing up things around the place that were broken/substandard, installing firealarms and the like. He has not sought permission from the tenants to enter the property. My friend and the other tenants are obviously upset and want to know where they stand legally. Can they be asked to leave when they were given a "verbal contract" to stay for the year? Doesn't the landlord have to give them some notice before turning up? At the moment my friend and the other tenants are considering just staying in the house and not moving... but the landlord has keys to the place. My friend is worried about that as she has some expensive jewelry. Finally can my friend go to the tribunal - or because she doesnt have an offical lease is that not an option?

Mel

Your friend has alot of rights, they do have a lease - it is a verbal lease and are entitled to the same protection as other tenant with a Residential Tenancy Agreement, will be hard the prove the terms of the agreement i.e. 12 months.

The problem with oral agreements is that they can be difficult to enforce. If a dispute arose, a court would have to hear evidence and decide whose version of the truth to accept. If there is a written agreement, courts will generally be obligated to uphold the terms of the written agreement even if they don't agree with them.

The landlord still has to give your freind the apropiate notice etc.

Here are some links that may help:


http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1987207/s22.html

http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1987207/s24.html

http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1987207/s53.html

http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1987207/s59.html

http://www.austlii.edu.au/au/legis/nsw/consol_reg/rtr2006298/s29.html

http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home/Bonds.html#Lodging_a_rental_bond

 

[Y33]

Is the land lord providing any receipts for rent paid by any of the tenants?

 

[atti]

if landlord gives receipt thats your proof u staying there, she has 3 months from date of notice of termination given. but if i were her i would try find new place asap.