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Hi guys, not meaning to hijack the thread but I have a similar problem. My tenant is on a periodic tenancy, I?ve given Notice to Vacate but they basically said only a Warrant will get them out, which means going to VCAT. If they?re on a periodic tenancy can I get a Warrant without going to VCAT?
Short answer... Yes. You will need to go to VCAT and need to prove you've served notice correctly.
OP - I don't do NSW because I'm based in VIC,.
How much notice did you give them. I'm not sure how long it is in Vic, but I'd assume you need to give in the vicinity of 90 days.Hi guys, not meaning to hijack the thread but I have a similar problem. My tenant is on a periodic tenancy, I?ve given Notice to Vacate but they basically said only a Warrant will get them out, which means going to VCAT. If they?re on a periodic tenancy can I get a Warrant without going to VCAT?
They are still under lease conditions if they didn't renew the lease, except now it is a periodic tenancy. You can't just give them 14 days. It doesn't work like that.What are the repercussions for the tenants if I take them to VCAT? Their lease expired, I didn?t renew, gave them 14 days to vacate notice, I feel like the onus is on them to take me to VCAT or move out peacefully. I?m not terminating their lease agreement so why should I take them to VCAT?
You can send them a notice for non payment of rent, but that won't get them out of your property if they pay. I'm getting the feeling that these tenants know the tenancy laws much better than you do.The tenant owes at least 14 days rent. min notice required 14 days. from the consumer affairs link. i'm back in sleepy melbourne, so yeah self manage
So I went over to the property last night to try and talk to them face to face. They refused me entry and said that they'll call the cops if I don?t get off their property right now. The irony wasn't lost on me.
Is there any use of me going to the cops tonight? I assume they won't do anything without a VCAT warrant? These people no longer have a lease so they're effectively squatting at this time.
So I went over to the property last night to try and talk to them face to face. They refused me entry and said that they'll call the cops if I don?t get off their property right now. The irony wasn't lost on me.
Is there any use of me going to the cops tonight? I assume they won't do anything without a VCAT warrant? These people no longer have a lease so they're effectively squatting at this time.
So I went over to the property last night to try and talk to them face to face. They refused me entry and said that they'll call the cops if I don?t get off their property right now. The irony wasn't lost on me.
Is there any use of me going to the cops tonight? I assume they won't do anything without a VCAT warrant? These people no longer have a lease so they're effectively squatting at this time.
Thanks LS, this is exactly what I was after, a straight yes/no answer.
And as far as getting an agent to look after your affairs - do it yourself, most of them are useless and don't care anyway. Just read the laws and you'll be fine.
they're on periodic tenancy, 14 days in arrears, so 14 days to vacate notice.
Is there any use of me going to the cops tonight?
What are the repercussions for the tenants if I take them to VCAT? Their lease expired, I didn?t renew, gave them 14 days to vacate notice, I feel like the onus is on them to take me to VCAT or move out peacefully. I?m not terminating their lease agreement so why should I take them to VCAT?