All Topics / Help Needed! / Notice period for verbal lessee

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  • Profile photo of DazzlingDazzling
    Join Date: 2005
    Post Count: 1,150

    Wondering if anyone has any experience with evicting a tenant from a warehouse. They’ve been there about 12 years, all on a verbal rolling lease.

    Previous Landlord was owed about 6 or so months of unpaid rent when we bought the prop off him. During our 6 month ownership, tenant has paid the existing rent OK, although a tad late every time.

    Tenant flatly refuses to pay an increased rent or sign any lease / document whatsoever. The current rental is about 35% below market rates.

    I verbally informed them that I would not tolerate that situation and have subsequently found a fantastic tenant who has signed up a 4×2 lease with me for that warehouse and another larger warehouse all on the one title.

    I’ve issued them with a “Notice to Vacate” 5 days ago, to be out by the end of October…5 weeks notice effectively. No feedback from them as yet…but then this was expected also. Is that appropriate given the monthly rolling verbal non-paper lease ??

    What happens if they ignore the deadline – a likely scenario ??

    The new lease has a clause in it saying that if I haven’t got them out in 6 months the whole thing is off. Suffice to say a tad of money is hinging on it. The new tenant has started renovating the first warehouse and plans on spending 60K upgrading it. They wish to do the same for the second warehouse where the old tenants are fluffing about.

    The RTA doesn’t apply here and I don’t have to deal with people’s personal belongings. Do I need to fall back on my trusty bobcat and truck…or has someone got a better way ?? Lawyers and endless toing and froing with letters doesn’t work I’ve found.

    Any help would be appreciated.


    Darryl Moore

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

    Profile photo of Fast LaneFast Lane
    Join Date: 2004
    Post Count: 527

    How about using the local Sheriff or Police to help you evict the tenant on a specified date for an eviction if they haven’t vacated by then. This might work, but maybe because they’re there on a ‘monthly rolling verbal non paper lease’ they’re simply tresspassing at this current time?

    Are these the ‘illiterate, neanderthal tenants’ from some of your previous posts?

    I can suggest using hired muscle, a midnight hack-job eviction or the use of a firearm(s). Maybe applying to a court to get these squatters out could do the trick.

    I just dont know what else to suggest, how much is the building insured for???[evil4]

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

    Thanks G7….no these are different. A grumpy old drunk Scottish woman who said she signed her marriage certificate…that all went to custard and now she refuses to sign anything else.

    She may well be trespassing, but once again just because you own the property doesn’t give you the right (according to our wonderful laws) to turf all of their **** out.

    None of the lawful muscle (Sheriffs or Police) will lift a finger without a court order…and you can’t get a court order without going down the “lawyer – let’s write 50 letters to one another” route which takes waaaayyyyy too long.

    I don’t want to do anything unlawful though. Definitely no fires / firearms etc…definitely not worth it.

    As has been seen previously discussed on this forum regarding quickly evicting rogue tenants without tying yourself in knots for months and forking out huge sums in legal fees, there doesn’t seem to be a viable solution for Landlords.

    Looks like I’m back to the ol’ bobcat and truck again.

    Taking back control of the common switchboard and turning their power off may be the go. Can’t do much in a factory without power. Don’t even know if a Landlord has the right to do that even ??


    Darryl Moore

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

    Profile photo of nazzysmithnazzysmith
    Join Date: 2005
    Post Count: 102

    May sound stupid but have you tried offering them an incentive, is there a cash figure you are willing to pay them to leave and still make the numbers stack up. Perhaps tell them im either going to use this money to get a solicitor to remove you or you can take the money and run either way i will have you out of there… Personally I like the ARNIE solution run through there guns blazin'[axe][arrowhead][bomb][dead2][dead][xx(]

    Profile photo of XeniaXenia
    Join Date: 2002
    Post Count: 1,231

    we’ve always dealt with commercial tennants with letters coming from our solicitors office. They get noticed more than ours do. Can’t remember off hand but I dont think they cost much.

    A solicitor may also be able to advice on how to handle verbal rental agreements, I’ve never had them but my feeling is that they are not worth the paper they are written on!!!!

    We buy properties in Adelaide. Immediate Cash Settlements, No Real Estate Agents, No Fees.
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    Profile photo of TerrywTerryw
    Join Date: 2001
    Post Count: 16,213


    For what its worth, i recall from my studies that contracts do not have to be in writing to be enforceable, except those contracts dealing in land – ie. sale of land, mortgages, and tenancy. Therefore if there is no written contract, then there is no contract.

    So I think you need to quickly take the matter to court, get teh court order, then get the sherrif etc to remove her. But as you know this would likely take a few months.

    Maybe you could sue her for loss of rent if this causes the new lease to fall over.

    Discover Home Loans
    North Sydney
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