I have an IP that I have had tennants that are sometimes not on time with the rent and throw the odd party that gets neighbours off side, but my problem is that my daughter and family are moving into the area and I would like to put her into my IP (Defence to pay the rent…not that silly).
Can I have the lease terminated (still 4 months to run)if I give them the appropriate notice?[blink] Or am I stuck with the current tennants until lease runs out?
Many thanks
Jenny1
Hi,
I could be wrong but generally you can’t force the tenants out after you have signed a lease.
In simple terms its unfair on the tenants. How would you like it if you were in their shoes?
If you really want them out they could always be convinced with some monetary compensation. However they are entitled to name any amount they want.
Maybe you could try and evict them when their rent is late, but that would cause a lot of hassle and I wouldn’t want p$#%ed off people living in one of my properties.
IMO you are best of telling them that they have to move out at the end of the lease, because your daughter is moving in. Give them 4 months notice and they can’t complain about that.
You probably can if they have broken the lease. Being late is probably means they have. CHeck with your agent.
Terryw
Discover Home Loans
Mortgage Broker
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
tom1000000
In simple terms its unfair on the tenants. How would you like it if you were in their shoes?
Tenants have rights I know, but I have had tenants break lease giving notice by saying,”they are leaving town”, “husband has left I have no money to pay rent” etc. And I have had to go through the drama/expense of readvertising (thank god for mortgage insurance)the joys of being a Landlord!.
Having 5 properties I have never wanted to break a lease, just asking advise from the forum
Thanks
Jenny1
I seem to recall that QLD used to have a standard clause for family to occupy the property.
You need to read through your lease and perhaps even contact an expert.
Cheers,
Simon Macks
Finance Broker
[email protected]
0425 228 985Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.
Hi Jenny
Sounds as though you may be able to evict them on some kind of technicality. I’d imagine that could be quite messy though. Do you have any other alternative? Can your daughter’s family delay their arrival for a few months or could they find something else for the interim period? If not, the bribery option that Tom mentioned sounds like the fairest thing to me. Especially if they haven’t actually missed a rent payment but are just late occasionally. You could say to them that you won’t be renewing their lease so they will have to move out in 4 months, however, if you move out within the month, I’ll give you $xx to help with your moving costs.I’d be intereseted to here how you go with this problem.
Thank you everyone for your suggestions, I will talk to my property manager and take it from there.[biggrin]
Jenny1
Jenny,
I don’t have a copy of any residential leases to hand right now, but I recall having two standard clauses in the pro-forma…one being the notice period if the tenants have defaulted by not paying rent, it was like issue a notice, then 14 days later you can issue another final notice and that’s it. (Of course, the tenants can drag the poor Landlord thru the tribunal and if they pay rent on the steps of the court you’re back to square 1).
The second standard clause was if the tenant had not defaulted in anyway. I believe the notice period was 60 days. Check your lease…it might be different in other states.
In reference to tom1000000’s comment about “it’s unfair and how would you feel”….that’s unfortunately the largest downside of renting and always a real possibility…getting moved on from your supposed ‘home’, as you have no ultimate control over it…tough…that’s life…if you don’t like it or don’t want to put up with that set of circumstances…you can always go and buy your own castle.
Cheers,
Dazzling
“No point having a cake if you can’t eat it.”
If you had tenants move out suddenly, wouldn’t you get to keep their bond?
Surely if a tenant breaks their lease they say goodbye to the bond, and thats 4 weeks rent which should cover any problems. Plus you had insurance as you mentioned.
If I ever decided to kick out tenants who are doing the right thing, I would offer them $$$ as compensation.
tom1000000
I have not mentioned kicking anyone out.
As far as bond goes that is soon used up when tenant has made up their mind to break lease not pay rent use up all bond money regardless of leaving any money behind to cover damages. As I said before thank god for Landlord Insurance, but it still costs but that is part and parcel of being a landlord.
On the whole I have not had very many bad experiences thanks to a great PM.
Thanks Dazzling I will check the 60 days clause on the lease.
Cheers
Jenny1
I remember when I was a tenant and had to break the lease myself that I had to pay for advertising to get new tenants and then get them to talk to the RE and pass their checks. Could the reverse work here where the landlord has to find the tenants suitable alternative accommodation? If they were reasonable tenants of course.
Other opportunity bearing in mind that your PM is good maybe to talk to him first and see if he/she has any alternative properties and discuss with your tenant directly.
May not be an option, but is a thought!It’s interesting how when we talk about rental issues, the discussion becomes emotional.
I remember one comment by Dazzling saying: “That is why we got out of the residential rental market”. Smart move.Back to your question, how to terminate the contract, this is a question for your PM and for the magistrate in your local Residential Tenancy Tribunal (Not sure how they call it in Queensland)
Ask the experts that deal with this every day.Judging from the real estate statement I get from Queensland, with entries that state “$50 for eviction expenses” it seems that my PM has no trouble getting rid of problem tenants, I wish we could say the same in the RED state of New South Cuba.
If the tenant has breached the contract it is much easier to terminate their stay in your property then if they have no contract.
Hope you can reach a satisfactory outcome. Personaly I would try first a win-win situation before I get my big guns out._________________________________________
“What you want in your life occasionally shows up…
what you must have… always does.”
……….– Doug FirebaughMay God Prosper you.[biggrin]
Marc…http://www.chosen4u.com/?ace
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