Tenants in Denial... won't move out

Hi there,

We have tenants in one of our IPs that won't move out. They haven't paid any rent beyond the initial two weeks (14-27 sept), presumably because we breached them for having 3 dogs that were not declared on the application. Everything has been done in accordance with the rules, breach notices for dogs and unpaid rent all served at relevant times. Tenant and partner (not approved occupant) have twice or more verbally abused RE staff. PM has gone over and above in terms of communication and negotiation attempts.

Tenant then gave form 13 for X date. Two days before X date promised to pay rent as they had the cash in hand and would def be out as they had secured another rental property... turned around on X date and told PM they were not leaving, had nowhere to go, we are terrible people for throwing them out on street with a child, house not fit for living in. (note PM response: not what you said on entry condition report!) Tenants have since not returned any communication from the PM.

PM has attended court on our behalf, tenants didnt bother to show... Judge has given them 14 days which ends 1 Nov at 6pm if you can believe that. IP is at local tourist destination so have had plenty of reports from people driving by indicating there is absolutely no activity remotely constituting 'moving out'. One local retailer told me yesterday that they are a 'lovely family'! wodnerful except they have 4 adults, 1 child and 3 dogs all living in a small 3 bedder on a small block and they're not paying rent!!

I've been told that the front yard of the house is still being well maintained so I am hopeful that the inside is the same... Anybody has this experience in Central Queensland? How did it pan out. And does anyone know how often I am allowed to drive past my IPs before it constitutes harassment? I would think in the circumstances, with lack of communication, I would be within my rights to drive past every day to see if they are still there??? Any thoughts appreciated.
 
Judge has given them 14 days which ends 1 Nov at 6pm if you can believe that.

I assume court advises tenants of the date they are to vacate? I have only had one instance of having a date tenants were to leave (by midnight). It didn't get to court, but the correct notice forms were issued and plenty of advice given by the RTA about exactly which steps to take and when. I organised for the local police to meet me at the house early the next morning, in case these jokers were still there, which they were happy to do.

I drove past the day before and they were definitely moving, so I cancelled the police presence and we went ourselves and had a locksmith change the locks. RTA told us later that day that technically, we had no right to change the locks as the keys had not be handed back, and that the handing back of keys was the trigger to us "having our house back". Too bad!! Locks were already changed ;). Not sure if that is the same now (the keys bit), but I would suggest calling the RTA and asking all your questions of them. Ask them (or the court) what happens if the deadline comes and goes and they are still there? They will guide you, and get your local police on board, if you can.

Our tenants left a messy house with some minor damage, but insurance covered it all but our excess. If insurance had not covered it, we would have fixed the damage ourselves for very little cost, except our time and labour.

Good luck!
 
Hi Wylie,

Thanks for your quick reply. Just finished on phone with PM who tried to confirm when / how the notice was issued to tenants and apparently police cannot confirm if /when they did it last week because the officer who coordinates these things is not back on duty until 2pm tomorrow! So it may well be that the tenants are sitting there thinking nothing is being done about it especially as the notice for the court hearing date was sent by registered post which they probably didn't collect... We did send them a letter via the RE last week on RE letterhead advising of court decision and offering reducing their debt to just the bond amount IF they got out by last thursday... they probably thought we were just bluffing and if they haven't received any notice to the contrary, probably still do! :confused: Biggest problem is that we go interstate to visit family early am on day after their eviction date. I have personally spoken to local police who seem very empathetic of our situation and cooperative, just concerned about how much notice the tenants will actually get for the final 'get out' notice as I really don't want to have to pay someone to clean, mow, relocate all their crap into storage etc because I am on a well earned family holiday (that will cost ~$1k to postpone) And also our insurance said they won't cover cleaning / mowing / garden repairs etc as they are considered to be caused by 'poor hygeine standards of living or neglect' and not malicious damage... :mad:
 
our insurance said they won't cover cleaning / mowing / garden repairs etc as they are considered to be caused by 'poor hygeine standards of living or neglect' and not malicious damage... :mad:

If you are grieved by their contractual stance, one always has the opportunity to buy shares in the insurance company. ;)
 
does anyone know how often I am allowed to drive past my IPs before it constitutes harassment?

....this is a tricky one....depends on the colour of your car and whether you have a roo-bar or not....don't know specifics for Qld.

In WA, Landlords are permitted to drive past no more than 4 times per week if they have a white car and no roo-bar, only between the hours of 7am and 11pm Mon to Sat. Sundays are "drive past" free zones for obvious reasons.

Once I got caught driving past at 6:50am on a Sunday morning and got a double fine, one for too early and the other for the Sunday violation. It's clearly labelled on every street corner when Landlords are permitted to drive past....

Minimum crawl speed is limited to 5 km/h....any slower than that and the Tenant is then permitted to throw rocks at you.
 
....this is a tricky one....depends on the colour of your car and whether you have a roo-bar or not....don't know specifics for Qld.

In WA, Landlords are permitted to drive past no more than 4 times per week if they have a white car and no roo-bar, only between the hours of 7am and 11pm Mon to Sat. Sundays are "drive past" free zones for obvious reasons.

Once I got caught driving past at 6:50am on a Sunday morning and got a double fine, one for too early and the other for the Sunday violation. It's clearly labelled on every street corner when Landlords are permitted to drive past....

Minimum crawl speed is limited to 5 km/h....any slower than that and the Tenant is then permitted to throw rocks at you.

Ha! Thanks for the laugh Dazz!:D I actually checked with my PM and she advised that as long as I don't set foot on the property it's okay to drive past as often as i like... especially in current circumstances where tenant is refusing to leave or make contact so really i 'have' to in order to check if they have left the property without handing in keys...
 
....this is a tricky one....depends on the colour of your car and whether you have a roo-bar or not....don't know specifics for Qld.

In WA, Landlords are permitted to drive past no more than 4 times per week if they have a white car and no roo-bar, only between the hours of 7am and 11pm Mon to Sat. Sundays are "drive past" free zones for obvious reasons.

Once I got caught driving past at 6:50am on a Sunday morning and got a double fine, one for too early and the other for the Sunday violation. It's clearly labelled on every street corner when Landlords are permitted to drive past....

Minimum crawl speed is limited to 5 km/h....any slower than that and the Tenant is then permitted to throw rocks at you.


Absolute Gold.
 
should be enshrined in the RTA... tenants need protecting from rich greedy landlords all partaking in that multibillion dollar tax bonanza feed trough.

oink oink.
 
Heheh one of my work friends had this, he really doesn't give to hoots about the RTA or law. I think their was abit of harrasment involved... but it worked.


Ps. If you want exposure to residential property through shares, CBA or WBC are your best bets. You just won't be able to get the gearing available with direct resi property and volatility is a risk (margin lending)
 
Anyone is entitled to walk onto any residential premises so long as:

1. They do not go past the main front door
2. They do not access locked gates etc
3. There is no current AVO
 
I found out my tenants were moving by driving past each day leading up to the move. I saw them moving, packing into a hire truck.

Without seeing for myself that they were moving, I would have taken the police with me the next morning. There was no way I was using a key and venturing in myself.

This is what I think the poster is hoping to see.

There is nothing wrong with driving down a public street :).
 
I know of a person who had a problem with a person who tried to not pay rent and refused eviction.

Said tenant got a visit from the landlord and two bikies who 'helped' them move out immediately.

:)
 
G'day Slumlord,

I feel for you mate. I was just notified today by my property manager of similar, in a very similar area to you.

Our tenants won't leave after the expiry of their lease and 2 months notice. Our new tenant is ready to enter the dwelling but the old tenant won't move out.

I attended an RTA meeting tonight and had a talk to them about the scenario.
You could effectively serve them with a Form 9 to gain entry each day. Upon entry you can take photos of their possessions and housing condition etc without their consent as long as it is not for the purpose of sale, re letting etc. Also consider getting your bond return form ready to send into the RTA before the tenant does. That will place an onus of responsibility on the tenant to rebut your claim to the bond.

We have commenced a QCAT application to rid ourselves of these persons, and a bunch of whallopers in blue will attend the address with me to enforce the warrant of possession. I just feel for the bloke who was scheduled to move in.

Best of luck slumlord. We might even have the same real estate agent.
 
Sherrif gave our tenants 30 minutes to pack what they could.
They took a black garbage bag and started walking down the road.That was a mother and her teenage son, Canada autumn.
We packed and stored the rest....disgusting slobs !!!
 
Sherrif gave our tenants 30 minutes to pack what they could.
They took a black garbage bag and started walking down the road.That was a mother and her teenage son, Canada autumn.
We packed and stored the rest....disgusting slobs !!!

It can take months to get these cockroaches out, but eventually they go and you are left to clean up the mess and put in a claim form to the insurance company.

And it's the tenants who need more protection. :mad:

I've said it before, and I'll keep on saying it. Non-payment of rent is not considered a crime but it ought to be. :(
 
It can take months to get these cockroaches out, but eventually they go and you are left to clean up the mess and put in a claim form to the insurance company.

And it's the tenants who need more protection. :mad:

I've said it before, and I'll keep on saying it. Non-payment of rent is not considered a crime but it ought to be. :(

That is one advantage Australia has over Canada.We do not have that type of insurance, that covers our loss.
It was also a long process, but we eventually made social services (your centerlink) pay.We refused to release their possessions until they did.

Yes, non-payment is absolutely theft.
 
Update...

I totally agree that when non-payment of rent gets to this point, it should be considered a crime of theft... and it is sort of. The court has provided legal confirmation of the tenant's debt to us and the appropriate documents so that the debt can pursued by a debt collector and I believe that we can also register it against their credit file... We will never see the money as they are on centrelink benefits and I believe in Australia you can't garnish welfare benefits... but we can make things a little uncomfortable for them :D

Anyway, the police went out mid-week to deliver the court decision and the tenants were just sitting out the front of the house casually and commented to the sergeant that they really didn't understand why they were being kicked out 'maybe it has something to do with the dogs' they said... He basically told them you don't get kicked out for no good reason and that he really didn't care about the circumstances, just start packing because I will be back Monday to move you on with or without your posessions, if you are not gone by then!

So we will drive by a few times over the weekend to hopefully see some moving activity and then go with the PM and police Monday AM to get my house back!! Woohoo, then I can go on holiday early Tuesday AM with a little less stress. Though I will have to pay someone to clean, garden, mow, pest control etc because we won't be here to do it ourselves - more money we will probably never recover. But then we can get some new, decent tenants who actually pay rent and get on with life!!

Will keep you all updated :)
 
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