Vacant Possession - Tenant Refusing to Vacate

[ARF]

Hello all,

I am due to settle on my first IP on the 6th April (in QLD) and the current tenant's lease expires on the 2nd April. Given there is no Tenancy Agreement detailed in my contract I should receive vacant possession (which is what I want!) but the tenant has said he is not moving out (as he "can't find" anywhere else ).

Now I'm wondering, if he doesn't move out before settlement, what are my rights? Can I refuse to settle unless its empty?
Apparentley this tennant has been a right pain since day one and I'm worried that if he does vacate he will take an axe to the wall / brick to the windows etc and mess the place up. Who is liable if such a thing were to occur? I would assume the vendor - can I refuse to settle if the apartment is damaged (ie. not in the condition I bought it in).

What I struggle to understand is why, on the day after his lease expires, the vendor can't just send a pack of police in there to turf him out. Trespassing??

Thanks for any help... Seeing how this is my first IP and I am a bit young (22) I'm quite stressed that this could end up with me paying huge amounts of cash to fix things

Edit: If this is in the wrong section I apologise, mods please feel free to move!

 

[wylie]

Has the vendor given him the appropriate notice to vacate? Do you have a solicitor doing your purchase? If so, I would be getting on to him/her to make sure you know your rights in this case.

We have never had a problem, but we have never bought a house that had a tenant in.

 

[Propertunity]

Now I'm wondering, if he doesn't move out before settlement, what are my rights? Can I refuse to settle unless its empty?

You don't need to stress at all. It sounds like the tenant is going month to month after the original lease expired, which by the way is still a lease arrangement.

If you are buying with vacant possession just refuse to settle until it is vacant. This is entirely the vendor's problem and the only blow back to you will (may) be that you don't get your house (or have to pay for it) for the few extra weeks it takes for the vendor to get an order to get the tenant out.

Damage will also be covered (if it occurs) becuase you refuse to settle until it is fixed as well. So its all good.

 

[ARF]

Yeah the REA assures me all the paperwork and Notice to Vacate were given appropriately. He's just refusing... on what grounds I don't know.

I spoke to the lawyer and apparently I can delay settlement until he moves out, but as I understand it that can take a long time and get to the point of an eviction notice. As far as damage though it appears to be a grey area, which is what I'm most worried about. The lawyer is getting back to me about that one.

I won't be buying another tennanted place, now I know better!

 

[Propertunity]

Yeah the REA assures me all the paperwork and Notice to Vacate were given appropriately. He's just refusing... on what grounds I don't know.

He does not need any grounds. The law favours the tenant. He can delay & delay some more if he so chooses....but the day will come eventually when he is removed by the sherrif if he's still there.

I spoke to the lawyer

Good

and apparently I can delay settlement until he moves out, but as I understand it that can take a long time and get to the point of an eviction notice.

Yes, that's right.

As far as damage though it appears to be a grey area, which is what I'm most worried about. The lawyer is getting back to me about that one.

No, its black & white. You don't settle until all damage is fixed and in same condition you inspected it. You hold the $'s and the control.

I won't be buying another tennanted place, now I know better!

With the greatest of respect, that's an over-reaction....calm down diddly.

 

[ARF]

He does not need any grounds. The law faours the tenant. He can delay & delay some more if he so chooses....but the day will come eventually when he is removed by the sherrif if he's still there.

Yeah I guess that's what I don't understand, why they can't just kick him out.

No, its black & white. You don't settle until all damage is fixed and in same condition you inspected it. You hold the $'s and the control.

Good!

With the greatest of respect, that's an over-reaction....calm down diddly.

Perhaps, but it is bloody annoying!

Thankyou for your help.

 

[Propertunity]

Yeah I guess that's what I don't understand, why they can't just kick him out.

The law does not allow it

Perhaps, but it is bloody annoying!

After you do this as many times as I have - you'll actually begin to enjoy it

Thankyou for your help.

You are most welcome.

 

[turk]

Hi ARF

This applies to Victoria not sure if it's relevant to where you have bought.

The 1st question you need to know the answer to is did the contract specify vacant possession.

If not you inherit the tenant.

Cheers

Pete