Deal With Bad Tenant

HI All,

One of my tenant take me to the Vcat and now i have no faith on him. I have to fix few items before April. My question how do i get rid of this people?

Best to give 120 days notice now or after April?

Can he refuse my vacate notice?

MI

 

It depends on your lease. If you have a fixed term lease you cannot get rid of them until the end of the term

 

Sounds like it could be a retaliatory eviction.

 

No Fixed leas. now in month by month but my concern, will he go back to VACT ?

 

There is a period of time you can give them on a periodic. 90 days in sa

Not sure in Melb laws
@Lil Skater ???

 

Uh, don't you think the retaliatory eviction provisions would be triggered here?

 

Not sure
90 days the landlord does not need to give reason.
I've never experienced this being overulled and a periodic lease reenstated on those grounds.

Possibly, still worth giving it a go, she wants them evicted

 

So have to wait 6 months to give 120 days notice?

 

Quite possibly. I don't know anything about your situation apart from the brief lines you've mentioned.

Sounded like you wanted them out because they took you to VCAT and now you have to fix some things though.

 

Yes, But i'm not a bad landlord ..LOL

Issue - Complained that dishwasher is not cleaning properly when in second cleaning cycle. So i fixed once and complain again so i replaced with brand new one. still he is not happy and complain to VCAT. Manufacture service team attend and found no issues??

They damage the carpets and now want me to replaced? Consumer affair verbally ask me to deduct from the bond. because they have failed to informed to the agent.

But VCAT not favour for landlords...

MI

 

I would not be wanting them out, but you have extra costs to cover so I would raise the rent.

But what do you have to fix or ordered to fix if the dishwasher was replaced anyway ? can't be that.

I would also be saying to the PM, that as they interact with them, if they are not happy with the place to suggest to look for another place.

 

Sounds like there's a lot more to it to me.

What did vcat order you to do/fix?

 

120 for the no reason equivalent in Melb

SA doesn't have the same retaliatory rules that WA and Vic have.

 

Thank you
I didn't realise they had this

 

Add to above i put new Tiles to replaced some areas and ensite got heated tiles and even i didn't know it was working when i got this property.

You all can see this claim is not harmfull to the tenant ....

 

Sometimes you get these pain in the butt tenants that find faults with everything.

 

If the lease is periodic then 120 day notice - no reason is the applicable notice to be issued
But yes you need to be very careful with the timing as the tenant could go to VCAT and challenge the notice if they believe it is being issued in retaliation for the tenants exercising their rights.

 

It really does not matter if it is harmful to the tenant or not. Just because an issue is not harmful does not mean that you don't have to do repairs. Most repairs would fall into this category.

You have been ordered to make certain repairs by a specified date, so clearly the Tribunal believed your tenant had genuine complaints.
Marg

 

Surely the fact that the Tribunal ordered the repairs indicates that the tenant had a genuine complaint. To simply dismiss the tenant as "pain in the butt" seems a bit unfair, in this instance.
Marg