Tenants threatening tribunal

[Tim86]

Maybe get someone else to go,if you think it may blow up in your face or a least have a witness with you and tape the whole process,you don't want to be the one to end up with a custodial sentence or as I say to a lot of people
"each has karma as their own"..good luck..

Yes will need some restraint when dealing with these sorts of people.

But of course my venting on the internet isn't a perfect reflection of how I'm actually going to handle it. Although I would love the guy to take a swing at me so I had an excuse, but I can't see that happening.

Just got to grit my teeth and remind myself that they'll be gone soon.

 

[Perp]

Will be interesting when I confront them tomorrow to get all their **** out of my property.

I'm concerned that you're not following the appropriate processes... have you issued the appropriate notices? What is the purpose of turning up today, and what authority do you have to do so? If you're planning on physically evicting, do you have all the paperwork? I thought only the sheriff could do that, and only after a whole bunch of hearings.

I feel for you, and totally understand your frustration, but you have to be clear-headed and follow the processes. It would definitely make this situation worse if you end up being the one in trouble with the law for mishandling this.

 

[geoffw]

Be careful about the recording of conversations. It may well not be legal, and any attempt to use a recording may go against you.

 

[wylie]

I'm concerned that you're not following the appropriate processes... have you issued the appropriate notices? What is the purpose of turning up today, and what authority do you have to do so? If you're planning on physically evicting, do you have all the paperwork? I thought only the sheriff could do that, and only after a whole bunch of hearings.

I feel for you, and totally understand your frustration, but you have to be clear-headed and follow the processes. It would definitely make this situation worse if you end up being the one in trouble with the law for mishandling this.

This advice is good, and I posted also about my dodgy tenants and my planned visit with the police the morning after midnight ticked over on their final day, as per notices given at appropriate times. Even though they had been issued all the notices in the correct way, until they handed back the keys, the house was not considered to be mine.

So, do be careful today. If they know their rights, you could be opening yourself to more problems. Have you issued a notice to enter for today (even if you don't enter the house)?

 

[kathryn d]

This advice is good, and I posted also about my dodgy tenants and my planned visit with the police the morning after midnight ticked over on their final day, as per notices given at appropriate times. Even though they had been issued all the notices in the correct way, until they handed back the keys, the house was not considered to be mine.

So, do be careful today. If they know their rights, you could be opening yourself to more problems. Have you issued a notice to enter for today (even if you don't enter the house)?

Agreed. You need to follow the rules, so not to get into any trouble.

Even when we took off every door in one of our rentals, to encourage the tenants to move, we had the law on our side.
They no longer had any legal right to be there, and we informed the RCMP before hand what we were going to be doing. They didn't have any problem with it. ...along with Residential Tenancy Board.(they actually called the tenant to advise them, they needed to vacate)

 

[Ed Barton]

Have it all in writing their agreement to pay what they owe and leave on the 24th/10th etc...

Is it tribunal orders, or just their undertaking?

If it's just their promise then you may find you have to start the process with the tribunal (and lengthy delays) to get them out if they really know what they're doing. Their written promises would go well for you at tribunal, but the police/sheriff won't act on them.

 

[Tim86]

They aren't answering my calls.

All I got from them today was a msg saying that they were out and they had left the keys on the kitchen bench.

So they have now handed over the keys. They have left the stuff they didn't want to take with them and didn't clean an inch of the house. Still dog **** throughout the whole laundry.

But at least I have the keys now.

That officially means they have given up possession of the house doesn't it?

Re-reading I said to them are you out yet and have you cleaned? They replied "we're out keys on the kitchen bench."

So after reading that again that obviously means they have given up possession right?

What rights does that give me now? So what can I do with the bed they left, the drawers they left, old bbq, etc...

I let them know I would be taking legal action for the $600-$700 they owe above and beyond what the bond covers. They haven't even replied to that.

 

[wylie]

They aren't answering my calls.

All I got from them today was a msg saying that they were out and they had left the keys on the kitchen bench.

Print that out, or take a screen shot and email it to yourself, whatever you can do to make sure you have a copy of it, and keep it safe.

So they have now handed over the keys. They have left the stuff they didn't want to take with them and didn't clean an inch of the house. Still dog **** throughout the whole laundry.

But at least I have the keys now.

That officially means they have given up possession of the house doesn't it?

What rights does that give me now?

It sounds like they have now given up possession. Had you given appropriate notice anyway?

Either way, their message saying they are out and telling you where they have left the keys means exactly what it says, and... let the clean up begin .

If they are not answering, you are unlikely to have them actually meet you and sign the bond form giving you the total bond, so I'd be getting onto that today, get the form lodged claiming it all. Don't delay and allow them to lodge their own form first or you will have added expense of fighting their claim for any of the bond.

 

[pinkboy]

You might have to store their unwanted items at your cost as well.

Things not looking good all around on this one.


pinkboy

 

[wylie]

You might have to store their unwanted items at your cost as well.

Things not looking good all around on this one.

When my parents had a couple of girls do a runner, they left behind some broken furniture (small bedside table size) and clothing, jewellery etc.

The advice we took from the RTA was that we could throw out anything that is clearly of no value (broken furniture), and I recall that there was a dollar limit on things we could throw out, and anything worth a certain amount needed to be kept.

According to the advice from RTA, because there was nothing of much value, we had no reason to keep anything but we chose to keep it anyway, just in case. Luckily for us, most of the personal things were able to be packed into two boxes. We text and called to say we had them, and they were welcome to collect them, but heard nothing more. I think we had to keep them for three months (?).

First up tomorrow morning you could call RTA and they will advise you.

Take photos of absolutely everything, up close and whole rooms. You may need to prove how they left it, and what they did and (perhaps more importantly) didn't leave behind.

It would be a good idea to have a witness with you too.

 

[Ed Barton]

http://www.rta.qld.gov.au/Resources...ts/Goods-and-documents-left-behind-fact-sheet

 

[Tim86]

Took lots of photos.

Started cleaning up. They owe about $350 on top of bond just for water and unpaid rent.

The total professional cleaning bill and pest etc would be $400 but considering doing it myself because I'm probably never going to see that money anyway
We have all the carpet cleaning and pest control sprayer etc... Already to diy.

As they've left stuff worth less than $1400 I think is the cut off, we will be dumping all that stuff they left in the morning.

Submitted the bond form without their signatures today as well. Rta will try to contact them over the next two weeks to see if they dispute the bond claim. If they can't contact them then it automatically gets refunded to us. She's actually got her old phone number on the bond form so I don't think they will manage to get in contact with her unless they email her too.

Fun times.

 

[Vixs]

Possible landlords insurance claim?

 

[Tim86]

Landlord insurance is with westpac. Will have to look at the excess charges. Off the top of my head I think it would be about $300 excess. Hardly worth it at this stage.

 

[jim1964]

As they've left stuff worth less than $1400 I think is the cut off, we will be dumping all that stuff they left in the morning.

Last time i had a Bogan leave a heap of personal gear at one of my properties,this is what i did.

1) Dumped the lot at the verge.Furniture etc
2) Called the tenant and advised to pick it up
or
3) I would re unite them with their cr@p and dump it in their new front yard.
4) it was picked up the same day by the Bogans & i had great pleasure in telling them their Bond was also eaten up with back rent and cleaning.

 

[WattleIdo]

Took lots of photos.

Started cleaning up. They owe about $350 on top of bond just for water and unpaid rent.

The total professional cleaning bill and pest etc would be $400 but considering doing it myself because I'm probably never going to see that money anyway
We have all the carpet cleaning and pest control sprayer etc... Already to diy.

As they've left stuff worth less than $1400 I think is the cut off, we will be dumping all that stuff they left in the morning.

Submitted the bond form without their signatures today as well. Rta will try to contact them over the next two weeks to see if they dispute the bond claim. If they can't contact them then it automatically gets refunded to us. She's actually got her old phone number on the bond form so I don't think they will manage to get in contact with her unless they email her too.

Fun times.

I think these kind of tenants take the bond into consideration and that's why they leave unpaid bills, rent owing, etc. In their eyes, it's easier to leave you with the bill than to try and fight for the bond - they turn most things into a fight.

 

[Tim86]

My wife has been cleaning the place for 3 hours so far. My dad is there cleaning as well. I did 1 hour of cleaning earlier. Will have to go back tomorrow and touch up a lot of paintwork.

They've also chipped brand new kitchen doors that now look rubbish.

It really should be classed as a criminal act when tenants do this sort of stuff.

 

[Perp]

My wife has been cleaning the place for 3 hours so far. My dad is there cleaning as well. I did 1 hour of cleaning earlier. Will have to go back tomorrow and touch up a lot of paintwork.

They've also chipped brand new kitchen doors that now look rubbish.

It really should be classed as a criminal act when tenants do this sort of stuff.

That sucks, ugh.

Out of curiosity, how long were they there? What did you do to screen them? How was the property at last inspection, and when was that?

I'm not wanting to rub salt into the wound, but if there are lessons somewhere in there, please share.

 

[Tim86]

That sucks, ugh.

Out of curiosity, how long were they there? What did you do to screen them? How was the property at last inspection, and when was that?

I'm not wanting to rub salt into the wound, but if there are lessons somewhere in there, please share.

They were there for about 3 months total.

Previous reference gave them a glowing review. But I'm guessing that reference was either fake or they were just trying to get rid of them.

Had plenty of income $750 per week from centrelink to pay the $350 per week rent.

The lesson for me is not to rent to dole bludging aussie families any more.

 

[Perp]

They were there for about 3 months total.

Previous reference gave them a glowing review. But I'm guessing that reference was either fake or they were just trying to get rid of them.

Had plenty of income $750 per week from centrelink to pay the $350 per week rent.

The lesson for me is not to rent to dole bludging aussie families any more.

Bummer about the reference - ugh. Was it from a real estate agent? If not, I'm guessing it was fake. Do you do you any due diligence on referees, e.g. at least check if they're listed in phone book, or call them at work, or something that makes them other than "a random person with a mobile phone"?

And just as an aside, I wouldn't assume that $750 income is "plenty" to cover $350 per week rent. I think the ABS considers people in "housing stress" if they pay more than 35% of their income on rent/mortgage, and by that measure, they could only afford around $260 pw.

Edit: And I really don't want to rub it in, I feel for you. I hope you and your family get the really good sleep you deserve tonight.