Kicking a tenant out

[nunthewiser]

A Good tenant is a joy

I have one that i have looked after for years ....... "looked after" as in i have not raised rent in 4 years.

They pay there rent.

My house looks lovely, they have improved the place 100% if not more .

Why would i want to rock the boat?

I look after this property personally.


Weird how it works when people can see eye to eye and use a bit of respect in there dealings

 

[lukeaye]

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.

Well as i said, im not going to go into all the circumstances, but i dont think im acting irrationally given the circumstances, i have had another tennant, and had no trouble with this process before.

 

[Julia]

A Good tenant is a joy

I have one that i have looked after for years ....... "looked after" as in i have not raised rent in 4 years.

They pay there rent.

My house looks lovely, they have improved the place 100% if not more .

Why would i want to rock the boat?

I look after this property personally.


Weird how it works when people can see eye to eye and use a bit of respect in there dealings

Couldn't agree more. I'm still in regular contact with a couple who were tenants of mine in NZ almost 20 years ago. They painted all the interior, insisting I only meet the cost of the paint, kept the garden beautifully, and were never late with the rent. Obviously the rent was never raised.
I'd never use an agent as long as it's physically possible to look after the place yourself.

 

[vincent191]

I totally agree. A good tennant is so hard to find. Ignore the real estate agent's advise and don't put up the rent. The cost of finding another tennant far outweights any rental increase. The real estate agent is only looking after himself. Cost me 4 weeks rent for the agent to find another tennant (their fees) and I lose an average of another 4 weeks by having an empty property.

 

[Buckfont]

Well as i said, im not going to go into all the circumstances, but i dont think im acting irrationally given the circumstances, i have had another tennant, and had no trouble with this process before.

lukeaye, if you`re not going into the circumstances it`s not surprising that you have little fan base here.

Whether you like it or not laws are there and must be abided by despite the fact that you believe that you`re in the right. Swallow your pride, stick to the law and if that is done you won`t be inviting bad karma.

It may help you to grow up a bit.

 

[Mofra]

I totally agree. A good tennant is so hard to find. Ignore the real estate agent's advise and don't put up the rent. The cost of finding another tennant far outweights any rental increase. The real estate agent is only looking after himself. Cost me 4 weeks rent for the agent to find another tennant (their fees) and I lose an average of another 4 weeks by having an empty property.

Same - I have one tenant who has been in the same place for years, has had only 1 rent increase so is paying a bit under market. Haven't spent a single cent in maintenance, although if asked would do so in a flash.

Must have some sort of karma attached, because I rent 600m from this place and I pay under market too and I'd class myself as an excellent tenant. Allow the landlord onto the property to do any maintenance required so he can save $$$ even when we're not home as well. Amazing how you can reap what you sow.

 

[awg]

i'm confused..isnt she leaving in 8 weeks anyway?

isnt that 56 days, so wont she be keen to be gone then with no more rent to pay?

maybe im missing something here, an agreed settlement is best

tenants have strong rights in most States, if she decides not to pay you one cent more rent, the tenancy tribunal would be unlikely to make a judgement against her.

You dont want to end up there, need to take a day of work etc

Sounds like you made some sort of mistake with your lease agreement if she has power of refusal over co-tenants or you are out of pocket, as you state

I can understand yr frustration though.

 

[lukeaye]

Yes, sorry she is going away in 3 months.

Well the thing is, i even found her alternative accomodation, i went above and beyond for her, and i dont appreciate being dictated to and exploited.

In saying all this, this afternoon it was resolved, at least i think it was.

She sent me a letter stating what is damaged and what is not for the bond, and her thoughts on what has going on. She did manage to try and sneakily put into the document that i had bullied and threatened her, and then try to get me to sign and the bottom! So i have ammended and returned. Hopefully that is the end of it

I have learnt a very important lesson though. It amazing the rights they have!

 

[gav]

It's Landlords* like you that make me extremely glad I now own my own place.

 

[newbie trader]

I would have thought that by investing such a large sum of money that you would have some general idea on what your rights are as well as the tenant, or maybe thats me. Oh well you'll know for next time I suppose.

(from what you described she in no way exploited you)

 

[lukeaye]

It's Landlords* like you that make me extremely glad I now own my own place.

What a landlord that drives you around and drops you places and helps you out because you dont have a car? a landlord that sypmthysises with you and doesnt kick you out because you don't want to leave, so trys to find you a share occupant at his expense? A landlord who is charging you less then what he should be cuz he knows you are going overseas shortly?

A landlord who doesnt charge you any extra for use of the broadband internet? A landlord who helps your family out with buying a new car? a landlord who introduces you to your boyfriend? I wasn't a landlord, i was a friend. And most friends don't do the things i did.

**** your right, i don't want one of them. But you know what, because your my landlord im going to try and stick you for everything and exploit the law because i can be an ungrateful little CU**

There i have said my piece

 

[ROE]

it's an investment risk, cut your loss

I dont think you get much support for the actions that you took
like taking away microwave or TV etc..

there is a rule of laws and a place to take out dispute not resort to that sort of behavior..

 

[Stan 101]

What a landlord that drives you around and drops you places and helps you out because you dont have a car? a landlord that sypmthysises with you and doesnt kick you out because you don't want to leave, so trys to find you a share occupant at his expense? A landlord who is charging you less then what he should be cuz he knows you are going overseas shortly?

A landlord who doesnt charge you any extra for use of the broadband internet? A landlord who helps your family out with buying a new car? a landlord who introduces you to your boyfriend? I wasn't a landlord, i was a friend. And most friends don't do the things i did.

**** your right, i don't want one of them. But you know what, because your my landlord im going to try and stick you for everything and exploit the law because i can be an ungrateful little CU**

There i have said my piece

Sounds to me like you've been trying to get into her pants and she hasn't come good on what you thought was an unspoken deal. She now thinks you a friend due to the offers and acceptance of the driving around.

You got screwed, sir but just not in the way you've been dreaming of. I'm guessing you have read more into this share accommodation thing. She's read it as a place to share, you've read it as a bit of woo hoo and it's all gone sour.

You sound like a woman scorned. I can recommend a few weeks of Stan 101's therapy to eleviate the pangs of misinterperating a female share house tenant's intentions. I did it once. Oh the shame, but I've grown from that 18 year old guy and now have a course to teach you how to deal with it and break through to a real life:

A: real life relationship and/or
B: learn how to enjoy lustful relations with a co inhabitant without the guilt and driving chores.

PM me for my reasonable rates.


But on the other main core of the topic. You have pushed this woman to defend her rights as a tenant. If you wanted payment for driving, you should have put it in writing. Offer the notice in writing as required by law and find a new tenant. Preferably one you don't find attractive.


cheers,

 

[awg]

Hi Luke

I hav'nt seen what State you are in, but in NSW, the Fair Trading Dept supplies a small booklet gives the rules of tenancy.

Eviction guidlines have to be followed to the letter, or they are invalid.

Agents follow the identical procedure as do-it-yourself investors.

In the event of an eviction being required, it is imperative to avoid too much personal involvement, which is easy to say, not so easy to avoid.

Its a wonder anyone invests in residential RE..crazy single mothers as tenants is just another hazard.

 

[adobee]

I think it sounds like the landlord is being a jerk in this instance however due to the dodgy set up of leases tenancies and the like i dont think you have much in your favour as a landlord.. Laws vary from state to state but if this is nsw then 60 days notice plus 4 clear working days postage is required unless the notice is hand delivered and served on someone over sixteen. This however is the case when there is a tenancy.. I havent been able to gather exactly what the storey here is if you lease the rooms seperately or if you leased the place to one person who has sublet them or if you live there two and sublet them.. If you leased to one person and they sublet them and they have given you notice to move being 21 days notice then all parties would have needed to move on this date unless you made a new agreement .. if you are subletting the rooms and you are the owner of the property then i presume that each subletting is treated as a tenancy even if there is no tenancy agreement. Taking it that this is the case verbal notice is not sufficient and notice cant be back dated.. If you attend the cttt tribunal on this you will have to give a whole new 60 days notice after the cttt hearing.. if you take things out it was leased with it will look bad and you will be possible paying compensation if she replaces the items herself and you end up owning two of each...

if you dont live in the property give it to an agent to lease and stay totally seperate to the tenancy.. dont do your own repairs dont go there dont be known by the tenant at all.. dont lease the rooms seperately.. i would say you will find most agents are pretty good.. my suggestion would be to find a smaller owner operator office where the owners are involved in the day to day running of the property management and you will usually find that they put in a substanial effort for you.. If you are a ultra tight ass and jerk then you should own property as it involves dealing with other people and relationships and you should stick to shares.. much better for those who get personal or hate spending money on professional repairs or replacing items when its required..

 

[Stan 101]

Hi Luke


Its a wonder anyone invests in residential RE..crazy single mothers as tenants is just another hazard.

Many people enjoy the worthwhile economic advantages of investing in residential real estate. Vett well, use common sense and compassion and you will go a long way.

One guy I had as a tenant in Toowoomba couldn't get a place anywhere in town. he'd lost his licence for DD but had a child who he saw on weekends. I got his number from the real estate and asked him why he wanted my place. He was honest and let me know it was close to work and close to the pub, which it was.

I made a deal that if the rent was on time for 3 months in a row there was a large bottle of wild turkey in it for him. Worked like a charm. I thank Dale Carnegie for that tenant paying rent on time for 18 months till I sold the property. I made sure he signed up to a long lease on the good rental price I had him on before I sold.

Find what makes people tick and work with it.


cheers,

 

[newbie trader]

Great morals

 

[lukeaye]

Sounds to me like you've been trying to get into her pants and she hasn't come good on what you thought was an unspoken deal. She now thinks you a friend due to the offers and acceptance of the driving around.

You got screwed, sir but just not in the way you've been dreaming of. I'm guessing you have read more into this share accommodation thing. She's read it as a place to share, you've read it as a bit of woo hoo and it's all gone sour.

You sound like a woman scorned. I can recommend a few weeks of Stan 101's therapy to eleviate the pangs of misinterperating a female share house tenant's intentions. I did it once. Oh the shame, but I've grown from that 18 year old guy and now have a course to teach you how to deal with it and break through to a real life:

A: real life relationship and/or
B: learn how to enjoy lustful relations with a co inhabitant without the guilt and driving chores.

PM me for my reasonable rates.

cheers,

nice little story, but you are way off.

My girlfriend wouldnt be to happy about that then would she?

I would never do anything with a roomate or tennant, and i dont find her attractive. As i said i became friends with her and thats what friends do.

Anyway topic over, its all sorted now anyway.

thanks to everyone who contributed constructively

 

[nunthewiser]

Oh by the way once the fixed term lease is over in WA there is only 21 days notice required by the tenant and the landlord ...


Check your own state rules but thats for WA on a " periodic " lease

 

[Stan 101]

But the course is still available at mate's rates... Anytime.

cheers,