Tenants split up 5 days into the lease!!!

Will definitely lodge the bond even though as Kathryn said, it may be Jan/Feb before I get to claim it. Their rent is paid up to this Friday and she's indicated that she may be moving out by Wednesday. Fingers crossed!

I'll do an open inspection on Saturday. Anyone looking for a place to rent in Central Coat? :)
 
Let's see if she actually moves out today.
I've got a feeling she may linger on for a little while longer.
He's been incommunicado.
She only picks up the phone or replies to SMS when she wants to.
I don't know whether to advertise the property or not!
 
Ask for details of the AVO, i.e. which police station she reported it to and when is it going to court. You can then try and talk with the police there and see if what she's saying is true. I realise there's privacy and confidentiality but police are usually understanding if you explain the situation to them especially with the lease agreement shown to them.
 
Until the LL has been given/ shown a copy of the AVO, it does not exist !

Treat these people as any other tenants.
When they get into rental arrears, lodge the proper paperwork.

Unless they have given you written notice they are moving, in the proper form, They have not given notice.

Showing the property would be illegal.
 
Until the LL has been given/ shown a copy of the AVO, it does not exist !

Treat these people as any other tenants.
When they get into rental arrears, lodge the proper paperwork.

Unless they have given you written notice they are moving, in the proper form, They have not given notice.

Showing the property would be illegal.

Yep.

If there is an AVO under the legislation your hands are tied. But I would be demanding to see that AVO.
 
I want her out of the property, she's too much trouble.
She sent me an email on Saturday saying that she will vacate on or before 20/11/13 (today).
Then she called asking if she could stay longer.
I said I would rather start afresh and reminded her that the longer she stays there, the more bond she will lose.
Today she confirmed that she will meet me at the property for a final inspection (again indicating that she will move out).
I'm treating the AVO as if it doesn't exist until I see proof, and at this stage I have no need to see it. I'm letting her go with or without the AVO.
So I have advertised the IP and will be having an Open House this Saturday, after the Exit inspection.

To be continued...
 
Well... I'm trying to minimise the loss for my tenant so asked him for a move out date, which he gave me. I found a tenant this morning who is happy to move in the next day. He loses nothing other than a week's rent for finding another tenant.

He's chosen the date, I've been working towards finding a tenant for as soon as possible after the date he chose, and now he says "let me get back to you about that date"... WTF?

I can sign these new tenants up and cross my fingers that he is moved out by then. Or I can lose them and he just loses more money. Talk about wanting your cake and eating it too...

I'm trying to help him, help myself to a good replacement tenant, and he wants to "get back to me" about the date that he chose???
 
Thanks dreamgirl. It gets better...

Tenants love the place, say they will move in the day after he moves out. This carries some risk if he doesn't move out, and the risk that he leaves it dirty and we have to clean late that night with new tenants arriving next day, but we've done this many times in the past. I'm happy to run over with a mop and the place is spotless now, so it would only be a quick mop and check. I'm happy to do that.

The new tenants pay one week's rent as holding deposit last night and I tell him we have a good tenant ready to move in as per his chosen dates. This morning he emails that he will now be moving out a week later than his chosen date (just four days ago) and can we please work out how much he owes.

I tell him that if he doesn't stick with the date nominated by HIM, we will lose these tenants, and he will have to continue paying rent until another suitable tenant starts a lease. I don't want to lose these people, but it is up to him.

If we lose them, he just keeps paying rent on an empty house. Not my problem (as long as our bond covers it if he stops paying).

These tenants we've found are "keepers" but we cannot do anything other than wait to see what he does now. I'm hoping that he will stick to HIS chosen date but if he doesn't and these people walk away, he will be paying every last cent for every day it sits empty.

Talk about entitlement mentality, not sticking to his plans and just thinking everyone else can fit in with him... pffft!! His wallet will suffer and he might learn a lesson, but I doubt it.
 
I hope he does move out on his chosen date...

2 Questions:

1. Can't you charge him a break lease fee?

2. I have an empty house (I think) in Central Coast if your 'keepers' can't wait til he moves out :D

Cheers!
 
I hope he does move out on his chosen date...

2 Questions:

1. Can't you charge him a break lease fee?

2. I have an empty house (I think) in Central Coast if your 'keepers' can't wait til he moves out :D

Cheers!

He is paying a break lease fee of one week's rent as per the lease he signed, but had he stuck to the date HE chose, that would be limit of his out-of-pocket expenses. If the tenants who were happy to take it from the day after his choice of move out date can push back their leaving date, I think they will do that, but if they cannot, and if that means we lose them, then he is up for the break lease fee plus normal rent until we find another suitable tenant.

I'm thinking that rather than risk trying to find someone to rent it from the Sunday after his "new" move out day of a Saturday, we advertise it from the Saturday after his move out date. That is what an agent would do, but I was trying to minimise his loss.

But I'm now thinking we stop being helpful and he can move out one Saturday and we advertise it from the following Saturday. Then, if he leaves it needing a mop, he can come back and do it. I was happy to do it but I'm over it now.
 
But I'm now thinking we stop being helpful and he can move out one Saturday and we advertise it from the following Saturday. Then, if he leaves it needing a mop, he can come back and do it. I was happy to do it but I'm over it now.

Careful Wylie...you are starting to sound like me :D

We're lucky..anything we do ourselves (cleaning/repairs etc), we are are compensated at the Tribunal.
After keys are handed back..they are deemed to have given up possession.
 
Wylie, don't know what your experience has been, however even if you do your vacate inspection, the day after tenants vacate, if you have to recall then to fix items identified in your exit condition report, then there is no way you can have people moving in the next day. You may be setting yourself up for an argument. Just saying. :)

He is paying a break lease fee of one week's rent as per the lease he signed, but had he stuck to the date HE chose, that would be limit of his out-of-pocket expenses. If the tenants who were happy to take it from the day after his choice of move out date can push back their leaving date, I think they will do that, but if they cannot, and if that means we lose them, then he is up for the break lease fee plus normal rent until we find another suitable tenant.

I'm thinking that rather than risk trying to find someone to rent it from the Sunday after his "new" move out day of a Saturday, we advertise it from the Saturday after his move out date. That is what an agent would do, but I was trying to minimise his loss.

But I'm now thinking we stop being helpful and he can move out one Saturday and we advertise it from the following Saturday. Then, if he leaves it needing a mop, he can come back and do it. I was happy to do it but I'm over it now.
 
Wylie, don't know what your experience has been, however even if you do your vacate inspection, the day after tenants vacate, if you have to recall then to fix items identified in your exit condition report, then there is no way you can have people moving in the next day. You may be setting yourself up for an argument. Just saying. :)

I do realise there is a risk to this Peter, and I'll relax completely when it works out. The house is immaculate, and I cannot imagine any issues other than maybe it needing a final mop. He's only been there less than three months and it is cleaner than my own house.

If I didn't really like this couple I'd just let the outgoing tenant pay the extra and let them go, especially as he has changed his mind once already. But I suspect if we let these people go, he will kick up a fuss about paying rent. I've had enough fuss just lately and don't need this, but I agree, that it could turn to custard.

I've told these new tenants that if they have a truck full of furniture and he is not gone, I'll tip in the week's rent that he is paying for the break lease towards storing their furniture or put it in our garage. They are a lovely young couple with two very young children. I know I'll be told I'm silly for offering this, but I'm very comfortable with it. They are taking a risk too on this house, but they love it, and I think they are great tenants.

We've done this many times over the years (one tenant leaving and next day new tenant goes in) and never had a hiccup before, so fingers crossed this works.

If not, then we will work something out. After dealing with lawyers and barristers for several months, this is a doddle... :D (Dealing with big problems really puts a little problem into perspective, but I still just hope this works.)

I'm sounding flippant, and I'm not. I just think the risk is work it to keep these tenants. I'm hoping Karma looks after me.
 
Wylie,
We have a lot of tenants moving out one day, and new ones moving in..and for the most part, it works out fine.

On occassion we offer to accommodate new tenants too. You won't get any flack from me.
 
Yes, she handed the keys in today. Yayy!!

She even signed the bond claim form.

Now, what to do with their bond?

It is a break lease and technically they're liable for 6 weeks, but if there's an AVO it's a completely different scenario.

I have not asked her for proof, neither has she volunteered any paperwork.
 
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