Abandonment of Rental Property

So far i have never been through this ,but we have had a ongoing problem with one tenant,i have a lease in place ,bond number ,landlord insurance..

But it's been just on 5 weeks now 6 months into a one year lease,no rent paid ,letter box full ,i set the back of this house with 2 secure entry doors one steel one timber when i went over today one door was wide open the other still locked all the Ladies gear inside i never went in the second door is glass,i have been trying to tex ring the Lady for over 2 weeks..The 2 gentleman that live next door tell me no-one has been there for a week and a half..


So apart from the phone call too the RTA,Insurance in the morning about how and for how long i have to store the house contents ..Would it also pay and talk too the local Police or just the Insurance and RTA,just never had this happen before..

 

Whats the RTA? You might need a court order to take possession of the property. if you just enter you could be tresspassing.

Police won't care as it is a civil matter.

You should look at the abandoned goods act, or similar in the relevant state.

 

Tenant might be on holiday or taken sick and hospitalised unexpectedly.

 

Residential tenancy act

No, if reasonably believed to have abandoned can enter as per: Tenancy Tip Thursday - Entering the property

No, residential tenancy act gives its own instructions as per: Tenancy Tip Thursday - Tenant has done a runner

 

I looked at the RTA Qld site,and the Notice to remedy breach (Form 11) and the second one are all still in the wet letterbox with all the other overdue bills and several other bills from previous tenants..I have read within the RTA Site that if the property has been abandoned then you can apply to enter the house,or with the notices that are already still wet from the rain in the letterbox maybe within 24 hours ,but i will find out in the morning..
Thanks..

 

That's why i think i will go for a drive to the local Police in the morning just in case,they have a more contact range then me..

 

Rang the insurance this morning,i'm covered once the bond runs out which was 3 weeks ago for 14 weeks from that date,but they do check to see if the lease is a periodic agreement which only covers 2 weeks once the bond runs,fixed term agreement covers for 14 weeks ,also needed the RTA Bond number copy of lease so from the insurance side i'm covered..
Next call was the RTA Qld,Suspected Abandonment is 24 hours entry notice -Emergency no notice required,To protect property from imminent or future damage no notice required.

Plus i sent one final tex too the tenant at 8.30 this morning ,because i don't want to throw someone out on the street at this time of year..
Iv'e had 2 calls in the last 5 minutes from the tenant,the Tenant went back too NZ for 6 weeks and thought the bank was paying the rent transfer each 2 weeks,and will fix it up within this week..All the forms i need from the RTA are being posted with a three day turn-around just in case ..Top day in the free World..

 

Glad its all well

 

Just too give a update,the overdue rent was going to be paid in late yesterday afternoon from what the "Tenant" had tex me and by a phone call..
The overdue rent is above 2k now,but from the bank transfer yesterday all that went was $513-00 which is only above $1500.00 short .. Not long after rent goes in the account i get a tex from the tenant ,telling me that's all they can pay till the 23rd of this month and the last 10 words were "HA-HA" you can wait till then for the rest..
Went for a long walk after that call thinking about what's next,walked in a local real estate family run business for over 50 years plus 8.45 this morning ..Had a talk to a very humble young Lady,went through the property management costs,$66.00 for Advertising and Marketing ,no charge for routine inspections -tanancy data base searches no charge-letting fee 110% of one week rent-management fee 8.8% of rent collected..
I Don't intend to drop this problem on the young property manager,rang the tenant 15 minutes ago told the Lady upfront,we can do this 2 ways by 4.30 friday afternoon you can vacate the property ,or i will send off the Refund of rental bond{Form 4} before you can- today and refund the bond,and then as it may take up too 3 weeks depending on the turnaround times at this busy time of year to evict you then that's what i intend to do..

 

And? And? What did she say?

I hope she didn't 'Ha-ha' again.

 

No ha ha's,she just said please give me another chance ..

That's the only problem with self management they can break every rule but landlords can't or you end up on those 6.30 nightly crying game tv shows,or they leave all the water running and smash the place up..
I will pack the work ute up this afternoon with all my tools,,go onto the property at 1 friday afternoon and clean up the mess and hopefully this time late next week ,i will employ for the first time ever employ someone who is more skilled and has more power then a person like me..

 

....No...

Sorry to hear about the headaches. Hopefully solved asap.

 

How can you access the bond while the tenancy is still current?
Marg

 

Sorry to hear this now after yesterdays update.

I'm only one IP old but I have really thought hard to do self or have agent manage it. Went for agent for finally.

You will get through this and don't be hard on yourself.

Keep us posted.

 

The young Lady within the Real Estate management company i intend to use for this property printed the RTA BOND form out and said you fill in the bottom section and explain what's happened time dates from the start,plus rent outstanding they either after ringing up the tenant release the bond to me ,or the tenant does the same to me and the RTA rings me ,if not then the bond stays with the RTA and they decide what happens..

Not trying to do anyone over Marg4000,,just had a guttfull of being told porkies from the time the bond was paid,then they pay the rent when it suits them,plus it's my fault the mistake was to let the rent blow out and not sending off the forms ,even then you send off the 2 forms then they walk in and pay up too date and the previous forms mean nothing..
It would be more easy to sell this property,pay the above 70 k tax and bang it into a high end bank and walk up the letter box 2 times a year and pick up the cheque..

 

I did not suggest you were "trying to do anyone over".

I was simply unaware that the bond could be released during a tenancy.

But does this mean that the tenancy continues with no bond?
Marg

 

Don't know but i rang the RTA about an hour ago,explained again what is happening,and they said because the lease has been breached so many times try and sort in out between myself and the tenant..I told the RTA the tenant will move out this friday all they said was fill in the online bond paper ,email it off they ring the tenant then wait and see..
You know Marg4000,i would not want to sitting on 10x properties even with insurance in place bond in place and the right lease,you would get the money in the end but what happens in between,unless you have a serious back up in money you would be blown out of the water..And we both know that happens,but you just never read or hear it happen..

 

This is why many people find shares attactive!

 

I do, but you need nerves of steel especially when they tank as Crown shares did a couple of weeks after I bought them due to arrests of Crown employees in China