Tenants have warned us that they won't be vacating at the end of their lease

Hi Guys,

Just wondering if anyone knows much about the eviction process.

Long story short, we have Tenants in one of our units whose lease ends on the 5th March (they signed up on a 6mth lease). We advised them a number of weeks ago that we wont be renewing their lease (they are problem tenants and have caused damage to a brand new house) and told them that they will need to look for a new place and move out on the 5th March.

Today they have advised us that they do not intend on moving and will be staying at the unit because they cannot afford to move.

Our PM has told us that she will proceed with the eviction process on the 6th March (the day after their lease term expires) but my question is, given they have already warned us they don't intend on leaving at the end of their lease, are we allowed to start the eviction process now given that it will take a good couple of weeks to finalise and actually get them out of the house? I don't want to have to wait till the 6th March and then wait a further 2 weeks when they have already warned us they aren't going anywhere?

Advice?
 
She said she can't do anything (i.e. submit any paperwork) till the 6th March :(

Just hate it when Tenants seem to have more control over a Landlord :mad:
 
Then you should probably focus on things that you have some control over, like how much extra time they might get in the property after a tribunal date.
 
That's incredible, we just won't leave. Wonder if they plan on paying rent past 6th March. Unbelievable.

They only signed up on a 6mth lease so they should've realised there would be a risk of us not renewing their lease surely.

Yes that is an interesting questions....their bond doesn't even cover the damage they've done to our kitchen benchtop (separate post) so i'm kinda getting the feeling we might end up out of pocket somehow...
 
Isn't that just periodic?

I think SA is one of those weird states where a fixed term tenancy actually terminates at the end of the fixed term. (although you still need an order for possession)

Ok. In VIC, the lease would automatically roll over to periodic at the end of the lease.

If you wanted people to leave for not reason etc, you would need to give formal notice x days prior to the end of the lease. Otherwise the tenancy will continue automatically into a periodic until the days of notice were met.

The Y-man
 
Yep our PM has given them notice several weeks ago.

I'll ring Tenancies tomorrow to confirm where we stand and what the quickest way to move them on would be.
 
awful situation. let us know how this pans out. your agent should guide you. perhaps the agent can assist them with a different rental? probably not likely in this case if they have proven to not demonstrate care with your property.

as long as notice was given and its the end of their lease they will have to go. not long now. has the property been advertised for rent, or are you waiting to do repairs 1st? best of luck and hope the agent assists you.
 
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