the unbelievable gall of some ex-tenants

my pm went to tribunal yesterday regarding compensation of $6,500 worth of "destroyed" carpet in my large 4 bedroom ip. the carpet was only 18 months old.

obviously the tenants had had several wild parties (neighbour confirms this) with red, yellow and don't-want-to-know stains all over the carpet. the insurance company has ruled that it wasn't deliberate malicious damage, but poor housekeeping.

anyhow - pm turns up the mediator sesson and in walks one of the tenants, with a solicitor! fortunately the meditor rolls her eyes and tells the solicitor he has no authority here and to keep quiet.

anyhow. tenant is claiming that they should only pay for a professional clean, not replacement - even tho the tenant had a carpet cleaner in who told them the stains would not come out. pm pointed this out.

tenant then gets huffy and claims that we are trying to force him to pay for a more expensive carpet. pm pulls out the receipts to show new carpet is the same price as old (within $100).

he then claims they never had any parties - well neighbour has a very different opinion on this!

they then claimed they only had to pay 90% due to depreciation - fair enough.

they then claimed that only two rooms were soiled and they should only have to pay for those. the two "worst" rooms were the very large open plan living/dining, the stairs and the large open plan family area - 2/3rds of the house - but all the rooms were in poor condition with staining, and it would have looked really cr@p if we'd only replaced the carpet in the "worst" rooms.

when the pm asked how the tenant would have felt if someone had left a house they owned in such a condition, his reply was "(shrug) it's just a rental." well, that was a red rag to her! it was a brand new executive rental for which they were paying top dollar to live in!

anyhow - now going to court.

i just can't believe the gall of some people - they destroy something that belongs to someone else and then do everything possible not to pay recompense? i hope they get the book thrown at them.
 
Just wondering, are executive rentals more prone to this sort of thing? I have a few friends who live in yuppie enclaves in high rises, and they all complain about such things as finding vomit on the balcony because the person in the apartment above theirs had a party and threw up over their balcony, etc.....

Give me my families and 'boring' tenants anyday.
Alex
 
What happened to the good old days when you could just pay someone $50 to beat them up each week until they cough up ....
 
Some tenants huh!! I had a similar problem with a tenant that went to court and the tenant is now paying $20 per week.

And she's not even paying it. Its being deducted directly from her bloody benefits!! So the taxpayer is paying it.

I told the PM i should just hand it to her and cut out the ATO :D

Its going to take 3.5 years to pay the full amount @ $20/week.

Theres a lot more to this story but i don't want to remind myself :(
 
Give me my families and 'boring' tenants anyday.
Alex

that's another reason why the carpet had to be fully replaced - asides from not being rentable in the condition is was, and you couldn't ask top dollar if it was only partial replacement due to appearance (who wants to live with someone else's "suspect" stains) - the house is for sale so i can build a few boring old 2 bed townhouses.
 
i've just arranged to go to court with the pm so that i can sit there in my clean and tidy but obviously "old and worn" clothes/shoes, with no makeup or jewellry - try and shame them by having to actually front the owner, and show to the judge that i'm not some rich suit with pots of money. be darn hard to keep my mouth shut tho.

if they think they try and play the "woe is me" card - i've got them covered.

i'm just stunned that they turned up with a "solicitor" for the mediator meeting!
 
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So did we lizzie.
We learned the hard way. Don't assume the judge is knowledgable. Tenants son burned our IP.($20 K damage, after our insurance paid the claim.Also no rental income for 5 months)
We as Canadian Landlords know what Tenant Insurance is for, but the judge didn't. We assumed she did, until we received her ruling.Now the ex tenants are going after us for costs incurred approx $1100.
We have to try to convince the judge now, that we shouldn't have to pay.

Good Luck
 
...when the pm asked how the tenant would have felt if someone had left a house they owned in such a condition, his reply was "(shrug) it's just a rental."

And yet, this seemingly indifferent attitude never ever applies to anything that they own. I bet if you accidently bumped their car in a carpark, they would carry on like a pork chop and expect you to cough up for a new paint job. Incredible isn't it.

All the best with it Lizzie.

Phil
 
Ohhh Simon do you have names and contact numbers.

No sorry i forgot all of my tenants pay on time and are little angels.
 
The tenant from hell

So did we lizzie.
We learned the hard way. Don't assume the judge is knowledgable. Tenants son burned our IP.($20 K damage, after our insurance paid the claim.Also no rental income for 5 months)
We as Canadian Landlords know what Tenant Insurance is for, but the judge didn't. We assumed she did, until we received her ruling.Now the ex tenants are going after us for costs incurred approx $1100.
We have to try to convince the judge now, that we shouldn't have to pay.

Good Luck

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In the modern world we live today every one knows their rights but refuse to accept that those rights also entail some responsibility. This attitude goes through fom the top to the bottom of society. Our experience with the courts and tribunals is that the tall poppy syndrome is alive and well. They are mostly staffed by well meaning individuals who have at best a limited understanding of the real commercial world.

Over the years we have learned that it is in our interest to decide what variations go into the lease and increasingly as new leases are set up, we have taken over the management of the properties which are largely commercial.

The vast majority of tenants cause no problems and are a delight to do business with. As a property investors our job is to ensure when you encounter the tennant from hell we have the tools in place to get them out and relet the premises quickly.

What tools you ask ? A large bond typically 3 months to a years rent, guarantees not only from the company but personal guarantees from the individuals behind the businesses renting the premises. Specific wording that spells out when the tennant is in breach and the process that allows us to evict.Acting promptly and not letting things slide.

Our last large property acqusition involved a six month search for a tennant which involved using a commercial agent. The agent baulked at our demand
for a personal guarantee from one of the directors of an ASX 200 listed company. We didn't blink and we got our guarantee and 3 months rent in advance.

With a residential tenants again ; insist on a personal guarantee and or on another person going guarantour if you have any doubts. Better yet wait and pick the right tenant if you have doubts. Don't procrastinate be proactive. Don't accept the standard lease terms, demand a better deal. For example we currently rent and the landlord after the first 12 month lease has the right to increase the rent every six months and he does. When we looked at the cost of shifting it was cheaper to pay the increased rent.
 
the ex-tenants came back and offered me $2900 (including bond) - citing that was all they could afford and not all the rooms were destroyed.

i knocked it back - but did lower my demand by 15% to cover the 3 small bedrooms that could've been rescued with a clean, by 15% depreciation (18mths), and the cost of cleaning. so dropped my demand down to $4500 (including bond) - $650 per tenant..

haven't heard a reply - not that i expect one. hubby is insisting i should've taken the $2900, but i don't see why i should just give away $2000 and that they should get away with what they have done when the evidence is so clear for all to see if it goes to court.

pm knows all the judges, and how they tend to respond, so if she gets a bad one then she'll have a sickie and get posponed until we get a goodie.
 
pm knows all the judges, and how they tend to respond, so if she gets a bad one then she'll have a sickie and get posponed until we get a goodie.
I would have taken the $2900. and walked away,but that's just me,btw it's works both ways..willair..
 
Wow Lizzie,
This all brings back memories. The solicitor is a new one. My thoughts are with you, and I look forward to hearing how it goes. They are obviously playing the game and have even sought legal advice. If they turn up at court they will probably bring up that they offered you a 'fair' settlement (cough cough).
Make sure you have all their contact numbers, and references to chase up things after the court case. Remember keep your cool, but dont let down your guard, but be prepared to negotiate (?) They also have a tendancy to go to ground after the court case. If possible get an agreement from them after the court case as to what they intend to do re payment (ie as you walk out of the court case) and get that agreement in writing. Also make sure all your contact information is up to date, as you walk out of court.
Keep smiling.
 
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