Tenants to be evicted

We have long term tenants in one of our IP's and they have been consistently late payers but over the past six months or so they have got really bad. They are always in arrears now it is just the length of time they are in arrears that changes. The longest time was four weeks, the shortest one week, but they are averaging two to three weeks. So we will be throwing them out when their lease runs out in December.

They asked for a couple of extra weeks to get through Christmas, and we agreed to that, and to allow them out of the lease without penalty if they find something else earlier. I think we have been more than fair. The PM has been doing her job and issuing notices every time they fall into arrears and they have been getting annoyed at her for that.

Anyway apparently she made a mistake recently. She sent them a letter about rental arrears, but she also phoned them. When they didn't answer she sent them a text message requesting that they get up to date. Now they are threatening to slap an harrassment charge on her because she had the temerity to contact them more than once in a 24 hour period about the rent. Apparently you aren't allowed to do that.

My feeling is that the whole thing is ridulous. She isn't harrassing them, she just wants them to pay what they owe. All they have to do to get the "harrassment" to stop is pay up. What is the world coming to. Poor girl, at least she won't have to put up with them for much longer, hopefully.
 
I would suggest you allow them to stay the few weeks over Christmas ONLY if they pay rent in advance. Make sure they have been given due notice of a final date so they cannot play games.
 
I would suggest you allow them to stay the few weeks over Christmas ONLY if they pay rent in advance. Make sure they have been given due notice of a final date so they cannot play games.

Absolutely! Send the notices and the tribunal trips all as usual too. Because, if they aren't up to date, getting them out could be a problem over Christmas. Do you know how hard it is to get the Sheriff out at that time of year? They get a backlog because of all the public holidays.
 
I doubt ringing and then sending a text constitutes harassment.
But you now know what your dealing with, so get an eviction asap.
They need to pay up or pee off.
It never easy to do this stuff, but when its a question of "you or them" the answer is always them.
Whatever time is allowable in lateness on the lease, you live with.
One day over and send a notice of eviction, not late payment.
My policy has always been to instruct the PM to send an eviction notice if rent was >2 wks late.
What likely happened is that the PM let the tenant know and bought them some time (or hoped I would'nt call back soon) cause the only time I had a problem was when the PM let the tenant (friend) get to 4 wks without telling me.
 
It seems you have tried already to be fair but they have threatened legal action etc when they had a chance so now it is time to get tough with them. They seem to be playing along to get as much time as they can without paying you anything. As suggested, payments in advance sound a good idea.
 
My little piece of advice from our own horrid experience earlier this year : http://www.somersoft.com/forums/showthread.php?p=578469#post578469

is to start the paperwork for eviction as SOON as they don't pay, as then the ball is rolling if they still mess around. It will still take 4-6 weeks to get them out and then I'm not sure how to get that money back (we're still at that part of the deal). The best scenario would be that they know you mean business and will begin to pay or move.

Good luck - it may also be harder and take longer to get new tenants in over the summer months.
 
Ok scrap the advice about new tenants, just been reading other threads that suggest 2 weeks before Christmas to second week in January are dead but otherwise summer is chaotic.
 
Yeah, that's one reason we agreed to give them an extra couple of weeks, or let them out of the lease early, to avoid that time, but we are going to do a little bit to the place anyway, put in airconditioning and a new hot water system so if it is empty a couple of weeks so be it. The PM issues all the relevant notices as soon as they are allowed to (that's what's p***ing them off) and has suggested we book a court date now to avoid waiting for a hearing if they decide to play games. We would be surprised if they did any damage, they just aren't that sort of tenant. They have always looked after the place really well and that's why we have been a bit lenient in the past about the late payments, but the rent, although still a little under market, has been slowly rising and now they just can't afford it anymore. Their circumstances have changed and they really need to find a smaller cheaper place. We hope they will just vacate without any dramas but the PM is putting things in place just in case.

I think the threat about harrassment was just one of those knee jerk reactions to being constantly bombarded with arrears notices, but like I said, pay up and the 'harrassment' goes away. The PM has told them they have until the 24th (I think) to be fully paid up or she will start early eviction through the courts. They have always paid something, (though not the entire amount), just before it gets to that stage in the past.

I'll keep everyone updated on the outcome, but fingers crossed they will just move on without too much trouble. It's a pity really because apart from the consistently late payments they were good tenants, never asked for much and kept the place really lovely, but hopefully next time we might get tenants who look after the place and pay the rent on time. A few days here and there doesn't worry us too much, but when it starts to drag out to three or four weeks, enough is enough.
 
Yikes Kath, I just read through your thread, what a nightmare. :( Lovely property by the way.

Thanks for your good wishes, and the same to you. I hope everything works out ok and we both get better tenants next time around.
 
An update .. The principal of the company has got into the act now and he has drawn up a payment plan for the tenants. The PM has told him that they will probably catch up like they were told to, but will no doubt just fall into arrears again, so he thinks this might be a better idea. The payment plan gives them a set amount to pay on set dates and if any payment is not received by the date set out in the letter the eviction process will be started and they (by signing the letter) agree that they will vacate the premises. They have signed the letter. He has also pointed out that the relevant forms regarding arrears will continue to be sent as per the act. Hopefully that puts an end to any threatened harrassment issues and gives us a better chance of our losses being minimised. They have slipped so far behind now they need to pay 50% more per week to catch up by Christmas.

My best guess would be that it's not gonna happen. Watch this space.

Oh and this will make you smile. He asked us if we would consider changing our minds and renewing their lease if they stuck with the plan and caught up. Uuhh ... NO!!
 
I have just gone through this myself with my IP in Eagleby, Queensland. Gave tenant (single mum with 5 kids) a Form 12 advising she had to be out of property at the end of the lease on 3 November as in the four years of living there always late with water and when rent increases. Was going through Small Claims to get unpaid water sorted out and on 3 November I requested a Warrant of Possession. Magistrate asked Tenant if she had been given Form 12 with notice to vacate - she agreed. His response was then the law is the law you must vacate. So warrant was issued and tenant was evicted (luckily relatively quietly) last week. At time of eviction tenant had no where to go but as she had made no attempt in the last few months to pay any money - have no sympathy. She also played the system - once the Court issued the Warrant she took to Housing Commission for them to get her some where to live. They are still looking for a house for her.

Also now the house is empty all the damage can now be seen and the costs are just rising - I wont get any change out of $15,000. Am now waiting on insurance company to check it all out as I am claiming for Malicious Damage.

However one good thing is during this process I have found the most amazing PM ever. Her name is Patty Walker and she works at The Professionals, Beenleigh - she has been my saviour.:)

My advice - just get rid of them and get paperwork into the courts as fast as. If they really want to stay they will start paying you on time. You sound as is if you have been fair so far but enough is enough. If you were a bank or a business they would be kicked out.

Good luck
 
Hi Jacaranda,

They have been religiously sticking to the payment plan so far, which I have to admit surprises me. We won't be changing our minds about evicting them though. They seem to be resigned to the fact that they have to move so hopefully it won't have to go to court, fingers crossed.

Sorry to hear about the damage you found once you got your problem tenants out. I guess that's why we have insurance but it still annoys the hell out of you, doesn't it.
 
The exact options vary depending on which state of Australia the premises are in. However, in my experience in NSW, these are trouble tenants who will continue to be a problem, and will leave owing you money whenever they leave, so the sooner they are evicted the sooner you can experience your departing unpaid rent debt and your PM can stop having problems with them.

I found it worked well to get the following from the Tribunal :
An order saying "the tenant must pay rent on time" and
in default of the Tribunal Order,
the landlord may return to the Tribunal for an order of termination of tenancy for the tenant breaching the Tribunal order and for continuing to breach the lease which states the rent must be paid on time,
and an order for possession of the premises in 7 days, (which usually means the Tribunal stretches it to 14 days because you're the rich capitalist real estate investor exploiting the underprivileged).

It enables you to gain eviction in 2 Tribunal visits or get rent paid on time.
Gaining eviction for serious and repeated breaches of the lease namely rent arrears is very hard to gain because the tenant simply pays the rent up to date before entering the Tribunal and the rent is not in arrears at the time of the hearing + sob story.

Cheers
crest133
 
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An update. Only a week to go now before the tenants are supposed to vacate. They are paid up until then (all bar a couple of days) so the most we can lose is a couple of days rent. We aren't anticipating any trouble with them refusing to leave but I guess it is watch this space again.

They stuck to the payment plan without a hitch, which as I said earlier surprised the hell out of me. One does have to ask ... if they were struggling to pay the rent and for most of the four years they were there they kept slipping behind, how did they manage to come up with not just the weekly rent but 50% more per week for the best part of two months to be able to stick to the payment plan and avoid early eviction. Maybe they got a loan or maybe they were just playing us and the pm for fools for four years.

Fingers crossed their vacating the premises goes as smoothly as the payment plan did. I will let you all know how it turns out.
 
One does have to ask ... if they were struggling to pay the rent and for most of the four years they were there they kept slipping behind, how did they manage to come up with not just the weekly rent but 50% more per week for the best part of two months to be able to stick to the payment plan and avoid early eviction.

This is something that never ceases to amaze me. Tenants that fall into arrears, yet when orded by the tribunal are able to find not only the weekly rent, but an amount on top of it.:confused:
 
I feel they have been sticking to it so well because they are still hoping against hope you might sign them up to another lease.

But judging by their past performance, if you DID sign them up, the minute it was a done deal, they would gradually start slipping behind again.

Maybe I am being a bit harsh, but as they say "the best indicator of present performance is past performance"

Cheers
Petal
 
I feel they have been sticking to it so well because they are still hoping against hope you might sign them up to another lease.

I agree with you but it ain't gonna happen. :) We have already been asked if we would consider letting them stay on if they stuck with the payment plan, and we said no. I like that past performance/present performance quote, might use that if we are asked again.
 
They stuck to the payment plan without a hitch, which as I said earlier surprised the hell out of me. One does have to ask ... if they were struggling to pay the rent and for most of the four years they were there they kept slipping behind, how did they manage to come up with not just the weekly rent but 50% more per week for the best part of two months to be able to stick to the payment plan and avoid early eviction. Maybe they got a loan or maybe they were just playing us and the pm for fools for four years.
I'd say they got a loan or something, or else you simply became the squeakiest wheel and they decided to stiff somebody else, instead.
I feel they have been sticking to it so well because they are still hoping against hope you might sign them up to another lease.
I agree.
 
I agree with you but it ain't gonna happen. :) We have already been asked if we would consider letting them stay on if they stuck with the payment plan, and we said no. I like that past performance/present performance quote, might use that if we are asked again.

Actually alplant I just realised I got that quote wrong. It should be "the best indicator of future performance is past performance" It means pretty much the same thing but thought I should clear that up !!:D
 
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