Tenants go on holiday, friend moves in

[jennyn]

Today I found out that my tenants have either gone back to NZ for a holiday or for good and have let their friend move in. There's been 2 parties in the past 4 weeks. Previously there were none. The real tenants only moved in just before Xmas and the unit is newly renovated.

The other morning at 1.30am the friend knocked on the neighbour's window to let him in because he'd forgotten the front door key! The neighbour asked him who he was and he said he was living there now and the couple had gone back to NZ.

The friend is NOT on the lease.

I rang my PM this morning and he's left messages on the real tenant's mobiles and put a card under the door. This afternoon he left a message on the real tenant's employer's mobile (builder) to find out if he'd gone back to NZ for good but hadn't received a reply as at 5pm.

It's my PM's day off tomorrow

How can I get the friend out ASAP?

 

[Jas]

if they aren't on the lease you can get them out quicksmart.

get your pm's mobile and get things started.

Jas

 

[geoffw]

It sounds as if the parties were not quiet. Even apart from the wrong people on the lease, there may be disturbance grounds.

While the PM is away, try to go to the tribunal- in NSW, I think it's the Consumer, Trade and Tenancy Tribunal (www.cttt.nsw.gov.au - that leads you to the NSW Office of Fair Trading- http://www.fairtrading.nsw.gov.au/r...ngapropertyyourself.html#When things go wrong

The tenancy handbook should be worth reaqding- http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/ft254.pdf

 

[keg75]

have you got some mates that look like GOONS? send em round and get them to ask the guy to leave.

Otherwise see above.

Good luck...

keg75

 

[crest133]

I've had a few of these to clean up as a PM, and I don't like them because the legal method of forcible occupant removal is slow, and meanwhile, if the occupant (squatter) refuses to move out, the property is at risk and usually the rent is not being paid.
Your PM should be in top gear to remove the squatter(s).
I always treat the occupant under these circumstances as a high risk and therefore an unacceptable tenancy applicant because if they needed to move into a property by stealth, they will move out the same way, plus there's a good reason why they behave that way. Good tenants do not behave like that.
Best scenario is fully ID the person and negotiate voluntary moveout immediately.
Tribunal orders to request are :
Full bond paid to you for rent arrears plus 2 weeks in advance in lieu of notice, cleaning, repairs, change of locks, carpet smell - -needs a clean - use all the bond,etc etc.
Immediate termination of lease on grounds of 1.abandonement of the premises, 2. serious breach of the lease namely subletting.
Orders of your immediate possession of the premises (in case tenant returns a week later and says he was just on holidays and a friend was housesitting)
PM work is so full of fun. Make the PM do it all immediately and explain in writing to you how it happened under his nose.
sorry about the long story but feel it's better to know what the PM should be doing for you.
cheers

 

[jennyn]

Thanks very much for the replies.

The rent is paid up to 17 May.

Can I still get the real tenants out before 17 May if they're paid up to then but they're away?

Can I have the friend arrested for trespassing?

 

[crest133]

If you can prove that the tenant on the lease has moved out of the premises, then they have abandoned the premises, and you can apply to the Tribunal for orders for possession on the grounds of abandonment.
You can refund the rent to them if you owe any in the final washup.
If you have trouble proving they have moved, give the occupant an application for tenancy form asking them to complete it and sign it saying that the reason they want to live there is because the tenant has moved and no longer lives there. Decline the application, ask them to vacate immediately and proceed to Tribunal.

Usually Police will do little for you in the way of eviction.
good luck

 

[geoffw]

Usually Police will do little for you in the way of eviction.
good luck

If the tribunal gives the eviction notice, the sherrif's office physicall evicts the tenant (if necessary)- it's not a police matter.

Before that happens, there is a notice period, given by the tribunal.

When the notice period finishes, the tenant is evicted.

It costs for the tribunal hearing (and in normal non-payment circumstances, there's more than one), for the sherriff, and for the locksmith.

If the tenant is formally evicted, posting the order near the front door will prevent the tenant regaining access using a locksmith (as my only evicted tenant tried to do).

In thje best of all possible worlds, none of this will happen.

 

[jennyn]

Thanks for your replies.

The PM left a letter under the door today to contact him. He's going back round there tomorrow, about 5.30-6pm to see if the squatter will be home by then and find out what's going on and ask him to leave.

The PM found out from the lady across the hall that the couple had a fight and the girl went back to NZ and the boyfriend followed and the friend moved in.

I'll let you know what happens.