All Topics / Help Needed! / Evicting bad tenant

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  • Profile photo of jcls79jcls79
    Member
    @jcls79
    Join Date: 2004
    Post Count: 88

    I am finally going to settle on QLD property next Tuesday and the tenant is on a periodic lease and my property manager insisted that she can only evicted the tenant in 2 months because it is the official timeframe that tenants are given for eviction. The grounds for eviction is that the bathroom has been completely trashed and my builder states it takes at least 2 weeks to fix it up (at which point I will find the 2 new tenants moving into the house). If i give money incentives to existing tenant to ask him to move, do you think he is willing to move out straight away? Or is there any other avenues that I can evict him ASAP?

    Cheers
    john

    Want to join financial independence before 31 years old, currently 25

    Profile photo of BeanieBeanie
    Participant
    @beanie
    Join Date: 2003
    Post Count: 36

    I would do exactly what you are thinking. Go around offer a cash incentive for the tennant to move out and get on with your renovations. I am sure this will be the quickest and cheapest way to fix your problem. Regards Beanie

    Live every day like its your last

    Profile photo of jtaylor333jtaylor333
    Member
    @jtaylor333
    Join Date: 2005
    Post Count: 3

    Totally agree. Ive been in a similar situation and actually found an alternative property for them. The tenants still wouldnt move so I offered to assist with their first rental repayment and they moved out within the week.

    Dont hold back. Take a chance and go for it.

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544
    Originally posted by jcls79:

    my property manager insisted that she can only evicted the tenant in 2 months because it is the official timeframe that tenants are given for eviction. The grounds for eviction is that the bathroom has been completely trashed

    Hi John,

    Not a PM but I reckon your soon to be PM is taking you for a ride. I suggest you grab a copy of the following document.

    http://www.rta.qld.gov.au/zone_files/Docs/managing_general_tenancies_complete.pdf

    My quick skim read tells me that you can proceed ahead of the two month period under section 169 and/or section 170.

    As a word of caution as soon as the property settles move your PM – this one obviously doesn’t cut the mustard. Two months after considerable damage is clear indication of their inability.

    As an aside – why didn’t you insist on ‘vacant possession’ as a condition of the settlement. If the damage was there at time of inspection alarm bells should have gone off. If, on the other hand, the damage has occured since your offer was accepted you may well have grounds to delay settlement until the damage is rectified and the tenant evicted. Certainly a question I would asking your solicitor on Monday.

    Hopefully ‘the crest’ or ‘yasna and simon’ will log on prior to settlement day and provide some expert advice.

    Derek
    [email protected]
    http://www.pis.theinvestorsclub.com.au
    0409 882 958

    Profile photo of PurpleKissPurpleKiss
    Participant
    @purplekiss
    Join Date: 2003
    Post Count: 580

    Well, the longer they are there the more damage they can do, if you can get them out quickly and eaily then do it.

    I’d also request a copy of the lease so I could read it for myself to see what stipualtions were in it.

    Good Luck
    PK

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