Can I kick out my tenant.

So Ive got a 5 bedroom rooming accommodation setup.

Its currently going through certification for low density boarding house classification in brisbane city council.

One section is the granny flat. Its counted as one room and is only allowed one person in it.

The guy has moved two teenage kids in with him without telling me. Violating council regulations.

The guy is a drop kick too and just had a punch up with my other good tenant. And now police have been called.

Im wondering can I kick out the drop kick straight away?

 

You'll need to check your local laws, but here in W.A. I'm pretty sure you can breach if there are more people than what you stipulate on the lease. I always stipulate the maximum number of people and make it how ever many is moving in. Even helped out a single female tenant once who had an unwanted love interest move in and she was having trouble getting him out. After I visited to do some minor maintenance she apologized for him being there quietly out the front and said he just rocked up one day with all his stuff and she tried to get him out a few times. I asked if she wanted me to send a letter stating they were in breach of the rental agreement (she had 3 teenage kids, so it was 5 people and the agreement said 4). She said yes please and I obliged. Thanked me later for helping rid the deadbeat.

I'm also sure there is something in W.A. about antisocial behavior. I remember quoting something once to a tenant who used to play music loudly right on the fence line where the elderly couple (the wife terminal) used to sleep. We have a leasors handbook here which explains everything. What state are you in?

 

Do you have a lease agreement on the property and is he listed on it?

 

Yes lease agreement and he is listed on it.

However the lease stipulates that all people must be in the lease. And he has moved people in without putting them on the lease. It also stipulated no more than 5 people at the property.

Ill breach him for having his kids there. And Ill also give him 2 months notice that his lease isnt being renewed. The lease is up in 1 month but I have to give 2 months notice.

If he committed a crime with the fight he had with the other tenant. Hopefully Ill be able to get a police report and use that to kick him out straight away.

 

Brisbane is in queensland...

 

Can anyone on the ground confirm?

 

I didn't think we were that much of an unknown country town...

 

I think he wanted to know where the IP was, not where you live.
You don't mention where the IP is and that makes a difference to the laws.

 

If he is still within the lease period, you can give the notice in the lease prior to expiry - in NSW the lessor can give 30 days notice at any time prior to expiry for vacant possession at the end of the lease period.

 

Huh?

Its literally the second sentence.

"Its currently going through certification for low density boarding house classification in brisbane city council."

 

Here is the notice to remedy breach form (11) you need to use. Sounds like you're self-managing so it's obviously going to require some coordination and time but is reads like you're on top of it.

All the best!

- Andrew

 

haha yes, I glossed over the Brisbane part...

 

Yes. If they are a danger to other tenants you can have them evicted right away.

Otherwise you need to give 2 months notice.