Hi there,
I have a tenant who do not pay the rent for over a month. I have asked my agent issued a notice of leave to them. But they still don't want to move out by the due date of leave notice. What can I do now? Any advice is much appeciated!!!
Thanks heaps advance!
Maggie
what state?
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
In Ipswich Queensland.
Maggie
With rentals becoming scarce this type of behaviour will be on the up and up. That said, if you have not recieved rent for a period of time you should have no problems enforcing an eviction and getting an order for the payments that you are owed. REAs are useless most of the time and interpret all laws in the manner of thier own financial profit (ie prolonging the process unless you whish to put the property up for sale). Read up yourself and fill in the approriate claim form, sack your REA if they are no help. Start here.
The flipside of this problem, that is also on the up and up, is where a landlord is trying to force a tenant to vacate unlawfully as a means to either put the property back on the rental market at a higher rate or list it for sale (REAs support this behaviour as it is money for them). I fear the states residential tenancy authorities are going to become quite overrun as this problem worsens, so if you have a problem with either a tenant or a landlord try and get in fast.
Remember, only the police can legally effect an eviction. The warrants are issued by the residentual tribunals in each state.
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