can police help to get tenant out immediately

Discussion in 'Property Management' started by justine77, 17th Oct, 2017.

Join Australia's most dynamic and respected property investment community
  1. justine77

    justine77 Well-Known Member

    Joined:
    2nd Jul, 2015
    Posts:
    589
    Location:
    australia
    tennant a few guys are always drunk and off their faces drug affected
    at this moment i was told to call 000 as they are smashing tvs mirrors
    they leave constnatly glass and nails around they dump stuff in driveways
    THEY DONT PAY RENT AND HAVE BEEN GIVEN TILL BEG NOV TO LEAVE.

    pOLICE had to be called now can police assist to get them out permanently or do we need to wait till beg nov and go through normal process
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    2 separate issues.

    Go through rent arrears process -> breach -> tribunal -> etc for the unpaid rent.

    For disturbances call police and they'll calm them down. Police don't evict though as they handle criminal issues and tenancies are civil issues.
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,985
    Location:
    Australia wide
    No, this is a civil dispute.
     
  4. justine77

    justine77 Well-Known Member

    Joined:
    2nd Jul, 2015
    Posts:
    589
    Location:
    australia
    thanks
    they are a danger to the other flats though and property.
     
  5. MyDarlinghurst

    MyDarlinghurst Well-Known Member

    Joined:
    6th Oct, 2017
    Posts:
    473
    Location:
    Sydney NSW
    Says who ?
    I bet when the time comes no one comes forward with a written statement or anything.
     
  6. Chivaun.Shortis

    Chivaun.Shortis Well-Known Member

    Joined:
    14th Sep, 2017
    Posts:
    193
    Location:
    Logan and Gold Coast Region
    Which state are you located different legislation for different states
     
  7. justine77

    justine77 Well-Known Member

    Joined:
    2nd Jul, 2015
    Posts:
    589
    Location:
    australia
    I think an intervention order could be taken out if other tenants are cowering and fearful whil ethey go on their drug induced rampages smashing doors tvs windows mirrors , leaving broken glass daily and nails daily everywhere and drug affected daily so that others are fearful
     
  8. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    Yes, as said above, if neighbours are having issues they should call the police and let them decide what the action should be, ranging from nothing to intervention order etc.

    This is completely unrelated to the tenancy though.
     
  9. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    By you? Probably not.

    And if by the other tenants, why haven't they done it yet?

    Either way, I don't think it would help much with getting them evicted, if at all.
     
  10. Westminster

    Westminster Tigress at Tiger Developments Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    11,356
    Location:
    Perth
    The other tenants can seek an AVO or similar if they wish but as landlord you have little powers unless they are damaging your property then call straight away and report the incident.

    Speak to your PM if they think the ongoing behaviour will warrant an expedited eviction but as @D.T. said it is two different matters
     
  11. justine77

    justine77 Well-Known Member

    Joined:
    2nd Jul, 2015
    Posts:
    589
    Location:
    australia
    i asked the police if they recorded details re smashed glass tv door and drug affected alchohol affected men there
    they were saying that they are breaching the violent apartments privacy if they tell us?
    i said we need to know for intervention orders , they were smashing things outside on public property endagering all tenants, all tenants were fearful, especially my daughter and her young daughter who were cowering a few metres aware in their apartment the entire 10 minute rampage of destruction. you cant be safe from violent drug and alchohol affected men like that who are strong i saw them easy lift a fridge a far distance just the day before.
    can police really not tell me what they recorded saying it breaches the violent destructive drug affected tenants privacy?
    how traumatised would they be cowering 1 or 2 metres from where so much is being smashed for so long. 10 minutes of constant smashing bashing each other doors tvs windows is terrifyingly long time very traumatic for young children and adults a meter or 2 away inside their apartment right next to where all this was happening.
     
  12. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    Its a police issue, nothing to do with you
     
  13. Big Will

    Big Will Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,517
    Location:
    Melbourne, Australia
    As others have said including lawyers - your tenancy agreement is civil.

    The neighbours including your daughters and other neighbours can report their matter to the police.
     
  14. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    If you weren't directly there for the incident and need to find out from police what happened, then its unlikely you will need an intervention order. Nor will it be likely that the courts grant one.

    Just focus on your tenancy agreement rights.
     
  15. neK

    neK Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,842
    Location:
    Sydney
    Should have cut their grass for them eh?
     
    Marg4000 and Tom Rivera like this.