All Topics / Help Needed! / TENNANT PROBLEM

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  • Profile photo of CRUSADER1CRUSADER1
    Participant
    @crusader1
    Join Date: 2004
    Post Count: 19

    HOW CAN I GET RID OF MY TENANT WHO IS ALMOST 3 MONTHS IN AREARS? NON OF THE AGREEMENTS WE MADE IN THE PAST NAVE BEEN KEPT AND FOR THE LAST 4 WEEKS HE DOES NOT SEEM TO BE HOME, AS HE HAS NOT RESPONDED TO MESSAGES LEFT IN HIS MAILBOX. I HAVE LEFT A LETTER IN HIS DOOR LAST WEEK AND TODAY IT IS STILL THERE UNOPENED. AS THE ORIGINAL LEASE HAS LONG EXPIRED CAN I JUST TAKE POSSESSION AND STORE HIS BELONGINGS FOR HIM UNTIL HE TURNS UP?
    OR DO I NEED TO GET LEGAL ADVICE FIRST?
    YOUR EXPERIENCE/ADVICE WILL BE MUCH APPRECIATED
    PS THE PROPERTY IS IN PERTH WA

    Profile photo of DazzlingDazzling
    Member
    @dazzling
    Join Date: 2005
    Post Count: 1,150

    As a suggestion – zip on down to the Govt printing bookstore and purchase yourself a copy of the Residential Tenancy Act (latest version).

    It isn’t that big or onerous, and governs all ‘goings-on’ between Landlord and Tenant within the WA residential scene.

    Sit down and have a jolly good read of the Act. You’ll be up to speed in no time – hell, even Property Managers have a crack at understanding it.

    You’ll probably discover…to your horror as Landlord…you ain’t in a real good position, and any way you turn…it won’t be quick and it won’t be cheap.

    Cheers,

    Dazzling

    “No point having a cake if you can’t eat it.”

    Profile photo of CRUSADER1CRUSADER1
    Participant
    @crusader1
    Join Date: 2004
    Post Count: 19

    Thank you Dazzling
    I will take that advice and let you know the outcome
    Kind regards
    Cruasder1

    Profile photo of surreyhughes19905surreyhughes19905
    Member
    @surreyhughes19905
    Join Date: 2003
    Post Count: 204

    If the lease is expired then you are on a month to month lease.

    In this time you can give 28 days (or maybe 1 calander month) written notice that their time is up. Then I think you can serve them an eviction notice which means they have 2 weeks to vacate. If they don’t by then you can march them and store their stuff for 1 month.

    If you can’t get in touch with them, like they’ve abandoned your premises I think you just need to take reasonable effort to contact them with similar time frames as above and then move their stuff into storage.

    Read the act and it’ll be pretty clear (and more accurate than what I’ve said, but it is an indication).

    Of course if you don’t mind being a little underhanded and you can’t get in touch with them then you could just shift their stuff onto the street and change the locks. Possession is 9/10 of the law and if they are not in possession of your property and they don’t have a signed lease or rental receipt for the past 3-4 months, they will have a hard time proving they are in the right. [strum]

    Profile photo of kay henrykay henry
    Member
    @kay-henry
    Join Date: 2003
    Post Count: 2,737

    Crusader,

    You might think about getting a Property Manager to manage the property next time- the few bucks you have “saved” in managing the property yourself, seems to have costed you greatly. You might also think about getting some landlord protection insurance in the future, so you can still earn from your IP even in the tenant is a non-payer.

    I’d be very careful if I were you about taking matters into your own hands. As others have said, check out a copy if the RTA, but when emotions are high… people can sometimes err in their judgement. You might wanna still see if you can get a PM- pay him or her- and let them deal with it.

    kay henry

    Profile photo of techhowsetechhowse
    Member
    @techhowse
    Join Date: 2005
    Post Count: 63
    Originally posted by kay henry:

    Crusader,

    You might think about getting a Property Manager to manage the property next time- the few bucks you have “saved” in managing the property yourself, seems to have costed you greatly. You might also think about getting some landlord protection insurance in the future, so you can still earn from your IP even in the tenant is a non-payer.

    I’d be very careful if I were you about taking matters into your own hands. As others have said, check out a copy if the RTA, but when emotions are high… people can sometimes err in their judgement. You might wanna still see if you can get a PM- pay him or her- and let them deal with it.

    kay henry

    Hi Kay,
    Would you know how to go about getting a Landlord protection insurance from?

    Profile photo of Don NicolussiDon Nicolussi
    Participant
    @don
    Join Date: 2005
    Post Count: 1,086

    Hi Crusader,

    There are some property managers who will take on this problem and sort it out for you. Don’t know the laws in WA but it probably not a good idea to trot off to the tribunal on your own as a first timer with this problem.
    .
    Good Luck.

    Don Nicolussi | Mortgage Broker - Home Loan Warehouse
    http://homeloanwarehouse.com.au
    Email Me | Phone Me

    "I think of finance as a technology, a way of getting things done." Robert Shiller

    Profile photo of williwilli
    Participant
    @willi
    Join Date: 2002
    Post Count: 186

    A trick you could use is to offer them $500 CASH to move out within a specific period. It does sound strange to offer a non paying tenant CASH to move on but it would be a lot quicker and most likely alot cheaper then paying a lawyer to follow it through.

    Pete

    …Beware of the dreamtakers…

    BTW – I was part of the MAP Program and am more than happy to answer and questions/comments you may have – Happy Investing…

    Profile photo of neo25x5neo25x5
    Member
    @neo25x5
    Join Date: 2005
    Post Count: 166

    simple advice: LANDLORDS INSURANCE!

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190

    Get legal advice. It shouldn’t be too hard to get a court order, and then get the sherrifs over there to kick them out,

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://structuring.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of annemlanneml
    Participant
    @anneml
    Join Date: 2003
    Post Count: 54

    Talk to the WA equivalent of the NSW Tenancy Tribunal. I have found them (NSW) to be EXTREMELY helpful re defaulting tenants. A “disappeared” tenant is more difficult but they should still be helpful. And do exactly as they recommend – they know the problems that landlords create for themselves by not following the laws EXACTLY.

    I am not sure that the relevant insuance is worth the cost. As always, do your sums and then decide. Even though I have had a nasty experience involving a loss of six to eight weeks rent, when I looked at how much it cost to cover defaulting tenants, how rare they are and my excess, I decided it wasn’t worth it.

    Good luck and (in attempt to make lemonade out of the lemons) remember the lessons will in the long run be priceless.

    Anne.

    Profile photo of MelcMelc
    Member
    @melc
    Join Date: 2004
    Post Count: 10

    Hi

    I would try the REI website in WA – http://www.reiwa.com.au/content-home.cfm they may have a section on your rights, otherwise if you have a rental tribunal they may have a website where you can access information.

    Good Luck!

    Melinda

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    Hi Crusader,

    The WA REA Tenancies Act is downloadable – forgot the weblink.

    As Kay said this experience is the price of DIY property management. For me I prefer to let PMs do their job – I just manage them closely.

    Derek
    [email protected]
    0409 882 958
    Property investment advice and researched property in quality locations available.

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