Kicking a tenant out

[lukeaye]

Hi,

I own a property, and i currently have a tennant, who is not on lease, it expired a few weeks ago, and so is classed as being on a "periodic stay".

Now instead of having 2 sharing the place, i want to rent the whole place out, as it is easier to keep track of paying bills, and i can get more rent that way. So i gave her two weeks notice the other day.

I had discussed the issue with her a few weeks ago and said there was a possibility she would have to move out. Anyway i end up giving her the notice the other week. I didn't do it in writing, but had a witness present at the time. I then put it in writing a few days later, and backdated it. She has said she will take notice form the day of writing, and that under the periodic stay, she has 60 days to vacate, not 2 weeks. Does anybody know much about the law in this area and what my rights are?

She is going overseas in 2 months for about 6 months, so i know she doesnt have the time or money to fight me on anyhting. So i am starting to make life hard for her as she is being a little cu** I removed the TV and sterosystem so she couldnt have any parties, and im going to take the mircrowave this afternoon. Claim it needs to be repaired, and then drag it out for as long as possible.

She is basically costing me $220 a week, which is alot!

 

[gordon2007]

From your language and tone, it sounds more like a relationship breakup than anything else.

But other than my I cannot give you any good ideas.

 

[vincent191]

The period of notice you have to give for tennants without a lease is 60 days (preferrably in writing).

You have no right to remove any equipment that does not belong to you even if the tennant is behind in her rent. If you had rented the premises out as fully furnished you have no rights to removed them either.

If you need I can email you my lawyer's letter. I had similar problems before. The joys of rental property ownership.

 

[lukeaye]

From your language and tone, it sounds more like a relationship breakup than anything else.

But other than my I cannot give you any good ideas.

No lived with her, and was very good to her i think. But no relationship in that sense, nothing like that ever happened.

 

[lukeaye]

The period of notice you have to give for tennants without a lease is 60 days (preferrably in writing).

You have no right to remove any equipment that does not belong to you even if the tennant is behind in her rent. If you had rented the premises out as fully furnished you have no rights to removed them either.

If you need I can email you my lawyer's letter. I had similar problems before. The joys of rental property ownership.

everything belongs to me. I know that i can't take those things out, but can i not claim it needs to be repaired, and then i am not actually taking anything?

It seems they have more rights then i do!

As i said, im trying to call her bluff, as i know she is going oveseas and doesnt want court battles interfering, and the money.

Although i really dont want to go to court anyway, i dont have the money right now either haha

 

[nunthewiser]

LOL .......... your lucky she dont take YOU to court . they would have a field day on ya !.

Its 60 days notice and NO you are not allowed on the property without her permission OR unless an emergency OR a period of notice is given outlining your intentions for entering property ... ......

If it goes to court your gunna burn champ

 

[lukeaye]

LOL .......... your lucky she dont take YOU to court . they would have a field day on ya !.

Its 60 days notice and NO you are not allowed on the property without her permission OR unless an emergency OR a period of notice is given outlining your intentions for entering property ... ......

If it goes to court your gunna burn champ

Well there is still a room vacant, i can just say i am periodically staying there, and so enter and exit as i wish.

I havent changed address with anybody foramlly yet, so legally im still there.

 

[nunthewiser]

In saying this i recently evicted a tenant in a tasmanian proprty i own . was rented out via realestate and the tenant did not pay rent for 3 months , tenant stole my huon pine doors , kicked in my kitchen cupboards and burnt holes all through my carpet ..... Real estate did NOT even give them a notice to evict! .........

here it gets shady

Mr X flew to tassy with a Mr Y, knocked on door, threw tenant out physically and told them to pick up furniture when doors , rent and damage was rectified .......

I got my doors, half the rent and now the place sits empty as i cant be bothered with the buggers anymore and rather use it as a holiday home for me and family/friends .

Moral of the story IS do not trust real estate agents to look after your intrests when living in another state ..

too many laws protecting tenants and bugger all protecting the owner.

 

[Timmy]

Mr X flew to tassy

Fying Nun?

 

[nunthewiser]

And yes i would have been burnt at the stake if it had ever went as far as court but seeing as they abandoned the place of there own accord i kinda had a contingincy plan if it ever went down that path

 

[nunthewiser]

Fying Nun?

LOL yep im pretty sure they wore a cape

 

[Timmy]

LOL yep im pretty sure they wore a cape

That could become a habit .... :

 

[malachii]

You may be right - you may be able to stay or visit - but having owned rentals for many years and having been to tribunal a number of times - my advice is to back off!

The tribunal takes a dim view of landlords interferring with the privacy/peace of tenants and will favour her if it goes to tribunal. Dont kid yourself that this or that may be right - they will err on her side if at all possible. And then she can go you for compensation as you have broken the lease (yes - even if she is out of the lease period there is still a lease). You may find yourself with a vacant property but also having to pay for her to move elsewhere and also her rental on the new place for a period of 60 days. You will also use up costs going to tribunal because as landlord - you pay the expenses not her.

Swallow your pride and wait out the 60 days - it is the cheapest option.

malachii

 

[gooner]

Hi,

I own a property, and i currently have a tennant, who is not on lease, it expired a few weeks ago, and so is classed as being on a "periodic stay".

Now instead of having 2 sharing the place, i want to rent the whole place out, as it is easier to keep track of paying bills, and i can get more rent that way. So i gave her two weeks notice the other day.

I had discussed the issue with her a few weeks ago and said there was a possibility she would have to move out. Anyway i end up giving her the notice the other week. I didn't do it in writing, but had a witness present at the time. I then put it in writing a few days later, and backdated it. She has said she will take notice form the day of writing, and that under the periodic stay, she has 60 days to vacate, not 2 weeks. Does anybody know much about the law in this area and what my rights are?

She is going overseas in 2 months for about 6 months, so i know she doesnt have the time or money to fight me on anyhting. So i am starting to make life hard for her as she is being a little cu** I removed the TV and sterosystem so she couldnt have any parties, and im going to take the mircrowave this afternoon. Claim it needs to be repaired, and then drag it out for as long as possible.

She is basically costing me $220 a week, which is alot!

You could try being human and obeying the law. If a landlord tried that with me, I would have the police round pronto, or alternatively would rely on the discipline of the baseball bat.

Tenancy laws were introduced because of people like you

 

[Taltan]

If I was the tenant I'd already taken you to tribunal. Sounds she knew the law exactly and was stalling until 60 days before her trip so she wouldn't have to find a new place or pay more rent.

You didn't think of this, you should now accept your losses and move on. If you take away her equipment or make her life harder and she's up for a fight she'll gather proof and take you to the cleaners.

Rental ownership is a business you win some, you lose some. I'd say you move on

 

[It's Snake Pliskin]

Hi,

I own a property, and i currently have a tennant, who is not on lease, it expired a few weeks ago, and so is classed as being on a "periodic stay".

Now instead of having 2 sharing the place, i want to rent the whole place out, as it is easier to keep track of paying bills, and i can get more rent that way. So i gave her two weeks notice the other day.

I had discussed the issue with her a few weeks ago and said there was a possibility she would have to move out. Anyway i end up giving her the notice the other week. I didn't do it in writing, but had a witness present at the time. I then put it in writing a few days later, and backdated it. She has said she will take notice form the day of writing, and that under the periodic stay, she has 60 days to vacate, not 2 weeks. Does anybody know much about the law in this area and what my rights are?

She is going overseas in 2 months for about 6 months, so i know she doesnt have the time or money to fight me on anyhting. So i am starting to make life hard for her as she is being a little cu** I removed the TV and sterosystem so she couldnt have any parties, and im going to take the mircrowave this afternoon. Claim it needs to be repaired, and then drag it out for as long as possible.

She is basically costing me $220 a week, which is alot!

It's all about your obligations and the tenant's rights with rental properties.

Notices can't be backdated and must include an allowance for postage days unless given in person.

See a real estate tenancy lawyer or the department of fair trading tenancy section.

 

[Sdajii]

She is going overseas in 2 months for about 6 months, so i know she doesnt have the time or money to fight me on anyhting. So i am starting to make life hard for her as she is being a little cu** I removed the TV and sterosystem so she couldnt have any parties, and im going to take the mircrowave this afternoon. Claim it needs to be repaired, and then drag it out for as long as possible.

Read this paragraph again and ask yourself who is being a cu**. Ask yourself who is going to be believed about the state of repair of the microwave when you have already removed the AV gear.

Other than sticking to her legal right to stay 60 days, what exactly are you basing your "little cu**" accusation on? Sounds like you want to get your own way despite of the law, and if the law is not on your side you'll bully a woman in a difficult situation to try to get your way out of your legal responsibility... and that's the version of the story you provide! There are usually two sides to stories like these, and if your own side damns yourself, I hate to think what hers is like. It sounds like you have some grudge against her.

Take a spoon of cement, let her stay out her lease, and if you are big enough, an apology might lessen the chance of her taking legal action against you, which she would win.

 

[vincent191]

I will relate one experience I had. The tennant had already moved out for nearly 7 weeks and the real estate agent didn't even know. They only found out when I rang up to find out why I have not received the previous month's rent.

When I went to inspect the property, besides the usual sad story e.g damages everywhere, I found a house full of furniture!!!! Near new TV, Fridge, Sofa, Beds and Dining Table & Chairs.

I went to the local court house to find out my rights e.g. can I keep the goods in lieu of the outstanding rent and the damages. The answer was - NO.

I had no rights to the goods unless the tennant agree. I just can't keep the goods but I can charge them storeage. Yes, big fat chance of that. My next question for the court clerk was "can I throw them all out?" The short & sweet answer was - NO. You cannot throw out things that don't belong to you.

The $64 question was "What the hell am I to do with a household full of furniture?"

Fortunately, the court clerk must have been through this a hundred times. Her advise was since I knew the tennant's name why don't I ring up all the major department stores and explain the situation and find out if the tennant had bought it in finance.

SURE enough it was under finance from Grace Bros!!!! Whew.....what a relief. I gave Grace Bros 7 days notice to come and remove all the goods and they did but they refuse to pay for storage. I wasn't going to argue I was just glad to get rid of it.

Oh.....the joys of rental property ownership.

 

[lukeaye]

There isn't another side, i have given the honest truth because i want advice, there is no point distroting the truth and then seeking advice on an illusion.

Maybe the reasons i am being like this arent so clear, and understandably you don't know them. I dont really want to go into why she has gotten up my goat so much, but its clear to me from what people are saying that is an unwinable battle on my behalf. It all could have been avoided if she had of accpeted the share applicates i had, instead of being choosey. Thats whats gotten up my goat.

 

[nomore4s]

Read this paragraph again and ask yourself who is being a cu**. Ask yourself who is going to be believed about the state of repair of the microwave when you have already removed the AV gear.

Other than sticking to her legal right to stay 60 days, what exactly are you basing your "little cu**" accusation on? Sounds like you want to get your own way despite of the law, and if the law is not on your side you'll bully a woman in a difficult situation to try to get your way out of your legal responsibility... and that's the version of the story you provide! There are usually two sides to stories like these, and if your own side damns yourself, I hate to think what hers is like. It sounds like you have some grudge against her.

Take a spoon of cement, let her stay out her lease, and if you are big enough, an apology might lessen the chance of her taking legal action against you, which she would win.

I agree, you're the one being a @rse about it, all she has done is find out her rights and is sticking to them - at least she bothered to find out the law before going off half-cocked.

You're the one doing all the shonky underhanded stuff not her, I suggest you just deal with it for the next 60 days as at least you are getting some rent, if you push too much harder you might find it costs you even more.