Tenant won't accept 120 day leave notice.

[W3Bma1l]

how is this overly negative?

the only real reason you have given is that you feel you are not charging them enough. didn't you also sign the contract to allow them to live in the place for X amount of days for X amount of dollars a week? and now YOU are breaking this, not them

you try to cover up your lust of money by using excuses like you didn't like them from the start, yet all this time they have been living there. it seems strange that you suddenly want to evict them now when you learnt you could be making more money with a new contract, INSTEAD of before when they did minor things like tearing a flyscreen.

it seems to be you are trying to make up minor excuses to cover your need for an extra $20 dollars a week, because we all know you can't evict someone because you don't like them. i have never rented and won't advise others to do so if all it takes for someone to not have a roof over their head while support children is $20 bucks a week

 

[Gentle_Chief]

how is this overly negative?

you try to cover up your lust of money by using excuses like you didn't like them from the start,

W3Bma1l, Property investing is about Economics - 'price fixation' due to demand and supply factors. And here the demand and supply is for Rental properties, and so if the situation warrants for a $20 increase per week it is completely justified and is not about "Lust" for money.

I guess you are barking up the wrong tree - welcome to SS

 

[Raddles]

Get off your high horse mister W3B
The author of this thread is honouring his contract which is a fixed term lease. All that is being done is the tenant is being advised the lease will not be renewed. You are allowed to do this in our legal system.
The problem is the tenant is not accepting that situation - sorry but it happens - despite all the comments - provided this landlord has not done anything to give the tenant grounds to object, they will be entitled to possession of their property at the end of the lease.
thanks

 

[W3Bma1l]

i just don't see how you can do this if a contract is signed, and if you did the excuses you have given are not solid at all. imho you should had arranged this before you signed the new contract or do it when it EXPIRES if the market did not reflect the need to adjust it before

 

[Perp]

i just don't see how you can do this if a contract is signed, and if you did the excuses you have given are not solid at all. imho you should had arranged this before you signed the new contract or do it when it EXPIRES if the market did not reflect the need to adjust it before

I can't believe I'm responding to you, but oh well, I am....

He's not trying to break a fixed term lease; the tenant is on a MONTH TO MONTH lease, so the landlord is abiding by his contract. He's allowing her at least another month - 120 days in fact - to live there under the conditions of the current contract. By your logic, could she stay there for the rest of her life at the same dollar rent?

 

[The_Bludger]

it seems to be you are trying to make up minor excuses to cover your need for an extra $20 dollars a week

With interest rates gone up, I can assure you I am paying more than $20 per week in repayments. The father, who does not live with them is a doctor so the kids are well looked after in more ways than one!

The father who was at the property a few weeks ago, told me he was buying a brand new Alfa Romeo for his daughter on her 18th birthday so don't talk to me about $20 a week!!!

 

[Dis]

With interest rates gone up, I can assure you I am paying more than $20 per week in repayments. The father, who does not live with them is a doctor so the kids are well looked after in more ways than one!

The father who was at the property a few weeks ago, told me he was buying a brand new Alfa Romeo for his daughter on her 18th birthday so don't talk to me about $20 a week!!!

See!

How can they possibly afford the $20 a week extra if they have to now pay for petrol too! And petrol isn't getting any cheaper, if you didnt know.........



edit: When the doctor hubby left:

Hubby: I'm leaving
Wife: No you're not
Hubby: I want a divorce
Wife: I'm exercising my right not to give you one.
Hubby: But..... but..... but........

 

[Aaron Sice]

i just don't see how you can do this if a contract is signed, and if you did the excuses you have given are not solid at all. imho you should had arranged this before you signed the new contract or do it when it EXPIRES if the market did not reflect the need to adjust it before

read the thread from the start, then post. it helps, really.

back in your box.

 

[DavidMc]

I am also wonder what has happened over at GHPC that they are all so interested in us lately. I know they occasionally pop over to ridicule and annoy us, but lately they are coming over in great flocks. Of course, this poster may not be from GHPC, but I reckon so, or maybe it is one of our "regulars" using yet another name.

Maybe because all their rents just went up? Pretty crazy given it's a huge conspiracy that there is a rental shortage.

how is this overly negative?

That's probably considered normal over GHPC but over here it's crystal clear to see what your views are and that you are from there.

the only real reason you have given is that you feel you are not charging them enough.

This isn't the fundamental issue. It's pretty damn easy to raise the rent - a 3 minutes phone call to the PM.

The fundamental issue described is that of a 'problem tenant' who employs 'revenge maintenance requests' tactics.

A few years ago the balance of power was with the tenant. Long vacancies, low yields, 1st week rent free, free DVD players, tenants doing runners, etc. Now it's the other way around. Tenants actually have to act with responsibility, not have repeated BS 'change lightbulb' type maintenance requests, respect for the PM, LL and property and actually pay rent on time.

You do have a point - maybe the rent should have been raised to a fair level first and then each repair/maintenance claim closely monitored. That's exactly what I did recently. I should have thrown them out, they talk to my PM and my maintenance guys like animals. I gave them a chance as a kid is involved. You could have chosen to present your views in a much more effective way though, without the attitude. People will listen more if you do.

At the end of the day, it's his property, he's acting within his rights and if he doesn't wish to deal with the stress and heartache this tenant will give, why should he? Would you? It's a pretty stressful situation.

 

[Bill.L]

Hi David,

not have repeated BS 'change lightbulb' type maintenance requests

Thanks for the reminder of one of my tenants.

bye

 

[natmarie73]

you try to cover up your lust of money by using excuses like you didn't like them from the start, yet all this time they have been living there.

You make lusting for money sound like a bad thing

 

[tubs]

you try to cover up your lust of money by using excuses like you didn't like them from the start, yet all this time they have been living there. it seems strange that you suddenly want to evict them now when you learnt you could be making more money with a new contract, INSTEAD of before when they did minor things like tearing a flyscreen.

Watch it, I think he writes for The Age.

 

[buzzlightyear]

read the thread from the start, then post. it helps, really.

back in your box.

Watch it, I think he writes for The Age.

Given the attention to detail in not reading the whole post, assuming incorrectly and plainly mis-interpreting simple facts, working for The Age now makes sense

 

[crc_error]

From what I read on Consumer Affairs site the tenant could argue hardship and the tribunal weights that up against the hardship caused to Landlord. I just wondered how it would all go for the Landlord if they stood their saying "No reason" while the tenant is pleading hardship. What if the tribunal asked the landlord directly what their reason is? I don't know if they can by law. I was just wondering......I have no expertise in this matter.....I have touch wood never been to the tribunal although I have evicted tenants. I had one tenant so awful I renovated so I could get rid of him.

can I claim hardship when the RBA puts up interest rates? What about can I claim hardship when petrol goes up? what about insurance, rates, taxes?

 

[crc_error]

The other thing I forgot to mention was that she has a dog which has teared holes in the flyscreens. She never had one to begin with. I'll have to check my contract as I can't remember if the no pets clause was in there.

you can't do anything about it even if it was there.. you can't evict a tenant of they have a pet.. the law states that you can have pets.

bit like evicting cause she has a baby during your lease..

 

[crc_error]

Hi there
good idea to review the lease - any of these items are breaches of a lease - and are grounds that can all add up to assist you when you apply for possession of your property.
I still don't see why the tribunal should inflict on you the relationship of landlord and tenant if you no longer want that relationship with this person - provided you have played it by the book - the law does allow you to give "no reason" - and it could be quite reasonable to review your options once the property is vacant (as the market may have moved by that stage).
thanks

prehaps you can claim financial hardship as well.. ie interest rates sky rocketed, you can't afford to hold the house at such low rent. etc.. throw the hardship right back to the tenant.