Vacant Possession - SA

[cgw]

I have just found out my tenants in my Strata Unit are dealing drugs. The PM says I cannot do anything unless I have proof of it. EG Police Report etc.

They are arguing, have lots of visitors each day, have put cabling up fm the roof to the tool shed, a constant sound of running water, (probably a drip system to water the plants) installed security camaras at the front and back.

In the beginning they were a nice couple, good referenes etc, but now have turned nasty towards the other owner occupiers. My PM is organising an inspection with 14 days notice. Either they will clean everything up, or say they are on holidays.

Their fixed term lease exp in Feb, I will not be renewing it - I don't have to give a reason do I?? But in the mean time, is there any other way I can get them out earlier.
My first IP..............

 

[TommyR]

Hi cgw,

sounds like fun, your lease should outline things the tenant cannot do without permission such as adding fixtures to walls, illegal building work, carrying out illegal activities, creating a nuisance toward neighbors - any of the above is probably a breach of the lease and you can apply to the residential tenancies for an order for vacant possession.You will probably also find running cable to any shed is probably in breach of your strata agreement and the strata corporation can probably insist it is removed.
Generally a landlord must give notice for any inspections, but there is usually provision to enter a premises at short notice to effect emergency repairs, if there is a constant sound of running water and you can hear it you are entitled to enter the premises to investigate.

Good luck
Tom

 

[sailor]

I had some heavy drug users in one of my units once. So I reported it to the Police. They were gone within the week, mainly because they'd been visited by the Police, and decided it was time to move on.

 

[Debt Junkie]

At least it sounds like they're growing their dope in the tool shed, as against in the roof space with artificial lighting, which is alot messier to clean up after ...

Kind of have to question your PMs lack of helpfulness on this matter ...

DJ

 

[wylie]

I would be calling Crimestoppers or the police.

Don't know whether your unit will then become a crime scene and you may have to wait until evidence is taken, photos, whatever, but you need them out.

Wylie

 

[duncan_m]

I have just found out my tenants in my Strata Unit are dealing drugs. The PM says I cannot do anything unless I have proof of it. EG Police Report etc.

Ask your PM to organise an Inspection and have a look? For a standard inspection you only have to give them at least 7 days notice and you can enter if they are there or not.

And if there's maintenance to be done then you need only give them 48 hours notice.. I'm sure the Hot Water Service needs checking or something?

Your Right of Entry as a Landlord for SA is detailed here :

http://www.ocba.sa.gov.au/tenancies/landlords/entry.html

 

[willair]

They are arguing, have lots of visitors each day, have put cabling up fm the roof to the tool shed, a constant sound of running water, (probably a drip system to water the plants) installed security camaras at the front and back. But in the mean time, is there any other way I can get them out earlier.
My first IP..............

Why wait that long,what happens when the elec box which will be
hot wired to run the lights stuffs up under the load and burns the house down,plus the water bill will be sky high,also ifyou are aware of this going on there is only one way to stop it, all it takes is one phone call in QLD
then the next morning the drug squad would kick the doors in at 4 in the morning,but fire is something that would worry me and it happens quite often,unsure how insurance companies work when the property is leveled
because some d/h is growing the skunk nitro in the roof and back shed
on stolen power and water....
willair..

 

[cgw]

Thanks everyone.
I also think the PM did not carry out proper Ref Checks. The employer does not exist in the yellow pages, white pages or ABN no check. They had not previously rented either.
The agency ref check form asks for the name and land line of their Supervisor. Anyone in the company could be their Spv. I should think they would ask for the HR dept, or owner. But then it may be difficult if it is a small business.
Thanks

 

[Welcome]

If you have a key to the shed, maybe go in and strip all their plants? Now that would be a better return on your investment!

 

[Mrman]

I wouldn't be going anywhere near the premises without the tennants knowing. It's not worth getting shot/hurt. Your property manager has failed to do his job but it's too late to worry about that. Tell the police and as said before let the tennants know there will be an inspection soon. They will probably just move the stuff.

If the tool shed is really small there probably isn't very much in there. If they were caught they would most likely get away with a large fine and 12 month good behaviour.

 

[cgw]

FYI
I have contacted Crime Stoppers. They will do what they do, as the nice lady said, it is not a murder case.......
I rang the Tribunal, and until they are convicted as drug dealers I can not evict them.
My PM is conducting an inspection, but I should imagine everything will be cleaned up by then.
Nothing much I can do for now.

 

[Xenia]

As everyone else has said

Your pm should be able to go in to do an inspection on 8 days notice whether they are on holidays or not.

You can evict them without reason on 90 days notice. That probably dosent help you as the lease ends in Feb anyway!

You do need a police report to evict them sooner so you cannot get them out on the suspicion that they are dealing drugs.

Have there been regular inspections done on the property during the term of the lease ie every 3 - 4 months?

 

[Mrman]

On the bright side you know they will not fall behind on rent

 

[Xenia]

what was the outcome of this

 

[cgw]

Outcome

Well today the PM went in to inspect the place. The tenant was not home.
Toolshed was empty, no plants, no cables hanging etc.
But there was a small light in the tool shed. As far as I know there was no light in the tool shed when I bought it, and he probably has changed the heat lamps to a just a globe??
A security camera has been installed, but no visual holes in the walls.
But there was a hole punched in one of the bedroom doors.
Obviously the tenant has cleaned it up, but the PM will go back in about 3 weeks to reinpsect to check that the door has been fixed.
Oh well, nothing much I can do unless he gets caught at it.
In Feb I will not be renewing his lease.

 

[redsquash]

Are you 100% sure of your facts.
Get a few friends to ring the drug squad about the bad ecstasy,dope, heroin or whatever that is being distributed. Child porn could also be included.Even I am impressed with that one.

Even ring/write the tenants and tell them you , not your real self, know whats happening and that they are infringing on your turf for your drug deals.you will ring the police and call in the media.It might be churlish , but I can think of no quicker effect

 

[Mrman]

I doubt rival drug dealers are nice enough send their competitors letters telling them stop.

I don't think you should worry as now that they have packed up they probably wont be bothered putting it all back because of future inspections. Just make sure the PM does the regular inspections with the minimum notice he is legally allowed to give just to keep them on their feet.

Also police are more concerned at the moment with whole houses full of dope rather than just a small tool shed. Just hang in there till end of the year and then give them their 60 days notice.

Good luck

George

 

[steveadl]

I don't understand this. Why can't the police just knock on their door without notice and tell the tennant they believe there are drugs being grown on the premises and ask to look around.

This happened to one of my reps a year or so ago. He had a big new house on a corner in a new area, but hadn't had his window curtains etc. done (as they were going through a divorce and selling the house), and so just had black garbage bags taped over all the windows.

Either someone phoned the police, or perhaps a patrol car spotted it whilst driving past one day. Either way - one day he gets a knock on the door from Holden Hill CIB asking if they can look around.

They monitor water bills, excessive electricity bills, and fly over suburbs in helicopters with heat detectors - surely they would act on a credible tip off if it was given to them???!!!

 

[duncan_m]

I don't understand this. Why can't the police just knock on their door without notice and tell the tennant they believe there are drugs being grown on the premises and ask to look around.

Because its an intrusion of civil liberties.. if police want to look inside a house they need to to prove to a judge that they have a reasonable suspicion in order to get a search warrant..

I dont want to live in a society where the police can just knock on my door and expect to be given a guided tour of my house.

 

[steveadl]

Because its an intrusion of civil liberties.. if police want to look inside a house they need to to prove to a judge that they have a reasonable suspicion in order to get a search warrant..

I dont want to live in a society where the police can just knock on my door and expect to be given a guided tour of my house.

Sorry let me clarify. I understand you need a warrant etc. What I mean is, can't they go around and question the person (on the doorstep), which would be enough to frighten them anyway, plus if they then believed there was anything more to it, could look further into it, or just dismiss it as a small insignificant matter not worth following up.

I just find it strange that in one case they go to the bother of actually sending out drug CIB officers (not just patrolmen) just because a house has the windows covered, and in another case where there are actually concerned reports from people and evidence (circumstantial I know) of drugs, they can't/won't do anything??