That's correct that's the law.
Tenant raided by police
- Thread starter rotterdam
- Start date
That's correct that's the law.
You are incorrect, it's not the law. You've already been given advice from a lawyer and someone who works in law enforcement which you chose to ignore so I suggest you seek paid legal advice if you want police compensation.
What are you saying is the law? Because I'm having trouble seeing how you can pin it on the tenants.
I'd be chasing the police.
General renting rules for tenants are as follows:
Pay rent on time
Keep the place clean, tidy and __undamaged__
Keep to the terms of your tenancy agreement
Respect your neighbours? right to peace and quiet
I'm curious to hear which term of the tenancy agreement you think they breached by having the police raid their property when they weren't there.
I'm curious to know why you think they weren't there ?
How do you know they were there? Why did the police break down the door then?
Well I would suggest you do because its probably your only avenue to trying to pin liability on the tenants.
You're going to have to they either caused or permitted damage to the property - or were negligent in allowing damage to be caused. For example, by refusing to allow entry to the police with a lawful entry warrant.
Or possibly if they were actually charged with certain offences, by contending that the tenants breached the term of the agreement to not use the premises for illegal purposes, and that police raid damage are reasonable damages arising from the breach.
My point is that it could be an uphill battle, and you don't seem to realise that.
Sorry but everyone here is missing a HUGE point.
If Police break in and find nothing and tenant is not charged, tenant is innocent.
If police break in and find something and charge tenant and they contest, tenant is innocent until found guilty in a court of law.
Until you have a court case and they are found guilty you have no case to evict on what they MAY have done.
Now I am talking law, not reality. Someone can be found holding the head of a victim and a knife but until found guilty, they are presumed innocent.
What does you agent say, he/she will know exactly the course to take re eviction options, repairs claim, insurance claims.
If you don't have an agent, then, you should have.
If you don't have landlord insurance, you should have.
If you have insurance and no agent ask them who is liable in this case for excess, it will not be the first time they deal with this.
But again, innocent until proved guilty. Be wary but ignore what the police say as they have a vested interest in conviction, not your property. Kicking them out make cause a lot MORE issues. Get it fixed as cheaply as possible and watch closely. If they pay on time, act within the lease law, you can do little and why should you. The issue between cops/them is theirs, not yours.
Sorry to be blunt, but this is business, Peter 14.7
If Police break in and find nothing and tenant is not charged, tenant is innocent.
If police break in and find something and charge tenant and they contest, tenant is innocent until found guilty in a court of law.
Until you have a court case and they are found guilty you have no case to evict on what they MAY have done.
Now I am talking law, not reality. Someone can be found holding the head of a victim and a knife but until found guilty, they are presumed innocent.
What does you agent say, he/she will know exactly the course to take re eviction options, repairs claim, insurance claims.
If you don't have an agent, then, you should have.
If you don't have landlord insurance, you should have.
If you have insurance and no agent ask them who is liable in this case for excess, it will not be the first time they deal with this.
But again, innocent until proved guilty. Be wary but ignore what the police say as they have a vested interest in conviction, not your property. Kicking them out make cause a lot MORE issues. Get it fixed as cheaply as possible and watch closely. If they pay on time, act within the lease law, you can do little and why should you. The issue between cops/them is theirs, not yours.
Sorry to be blunt, but this is business, Peter 14.7
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Good post Peter, hopefully the OP will realise his tenant is innocent until proven guilty and the police have a vested interest to secure a conviction so they can't be trusted.
If you don't think it could be an uphill battle then why bother making a thread about it and ask for advice?
Your welcome. Good Luck Peter
We all realise that, but we are talking property.
Being charged for an offence is not cause for eviction. If the person is doing something illegal then under the lease it is, but you have to prove that in the relevant tribunal.
Going to in say in VIC, VCAT and saying I know they had grass because i smelt it or saw it not proof like here are detailed photos, samples, verifiable statements.
You can say I smelt it and tents replies: yes, a friend can over and lit a bong, I was furious and kicked them out and smell just stayed the next day for the inspection. Or it was tomato plant. Do you have sample says the court, well no, but I know grass plant when I see it. So no sample and if so, why can you identify grass so well from across the room?
Also, and very important, the tenant has possession.
Peeve them off too much and if they are dodgy they can pay your back.
I.e. They can light a fire in the kitchen and burn the place down and say it was grease fire because when we moved in the range hood was clogged with grease and despite us cleaning it , the grease in the flu caught fire and then fell on to a pile of papers we had stacked there ready for recycling. Then you insurer may say" no cover you had did not maintain properly". And then they sue you for loss of property. Does anyone check their range hood or flus?
All in all, a world of pain.
FYI I had an experience like the poster and there was lot more damage. I will not go in to details in public forum but I could not evict unless tent stopped paying rent. Which they didn't. They moved out because they feared being bashed due to unpaid drug money. Left $12k of damage cause but those seeking to get their money. When they wen tot tribunal to get bond they claiming, it was not their fault as they did not cause it! I won but thank god I had insurance and yes, even that was a battle.
Again, what does your agent say or your insurer? Thats first step. Evicting someone because they have been charged of an offence but not trialled and found guilty is discrimination and hence illegal.
Regards Peter 14.7
Just to clarify I have not suggested kicking them out on the basis of been questioned or arrested from the police.
I do want them gone but understand they have a lease. I have got legal advice and will not be commenting further until the matter is resolved. Thanks to most for your advice and time.
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