Hi we have a property and the tenant has abandoned it not paying rent, but has left all there possesions including a car , fridge , cupboards, tv’s etc….. do we have the right to sell these to reclaim lost profits. Any help would be appreciated.
may differ a little depending on what state you are in. you need to lodge an abandoned goods with consumer affairs (vic)
http://www.consumer.vic.gov.au
go to renting, then forms & publications and you will then find the form for inspectin of goods left behind.the inspecter will then come and assess the goods, and will then instruct you what you need to do wih them, he may instruct you to auction the goods or you may be able to just send to the tip. will depend on what assessment the inspector makes. they will be able to guide you with the next steps.
You must have a possession order for the property either for rent arrears or abandonment. you will also want to lodge a claim for cleaning, arrears, costs etc. then depeding on what the inspector advises you may be able to auction the goods and keep any proceeds to the value of your orders from VCAT.
Please be carefull with abandonded goods as some tenants will try to claim that there was cash, jewelry or something of value left at the property and now its gone! they can then make a claim for compensation. You must have the order from the abandoned goods inspection, this is the only way you can avoid the tenant coming back at you.
If your property is managed by a PM they should be doing all of this for you and should be able to explain the process to you and provide information, it can sometimes be complicated if you have never had to deal with this before.
If i can be of any assistance just le me know.
Good luck
Definitely call the Residential Tenancies Association (or appropriate association in your state). There are rules you need to follow and rather than state them here (and probably get them wrong) it is imperative you get it straight from the association and follow those rules to the letter. Otherwise, you could have trouble down the track when your tenants want their “stuff” back.
Wylie
This happened to one of mine in Vic a few years ago. My agent when and got a court order for me that the property had been abondoned by the tenant, and I had the right to enter and take possession. I also was awarded a sum for lost rent etc. Once you have this you can pursue the ex-tenant for these sums. (may have to wait a few years for them to get back on their feet, and then pounce).
Terryw
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yeah – do what terry said and resist the temptation to go anywhere near the place – last thing you want is a tenant claiming he is missing a plasma or something – in nsw youo can get an emergency hearing if you are worried about rotting food in fridges and things like that – hope it is the same where you are. take someone with you when you go and take plenty of pics – [grad]
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all the previous comments posted sounds like the right way of doing it . i had a tenant do the same thing about aweek ago ,put afew holes in the walls and did abit of damage. had to pay $270 f or a skip bin to throw his junk in there…….so i figured sell his car to scrap metal place for $90 get some money back………the scrap metal fella didnt take my name just give me the cash . most of his stuff was only junk any way,also managed to get an old bbq and typewriter……………am still outta pocket though………..figure just clean the place up and get the next person in..consider myself honest but if some one wants to take me for aride itry and do the same back… anyone asks …no i didnt do it…..oh yeah he left his watch…….mite be worth $40 but it looks ok and i havent had awatch 4 afew yrs…….cheers Warren
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