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Evicting a good tenant

Discussion in 'General Property Chat' started by chris reed, 14th Apr, 2016.

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  1. chris reed

    chris reed New Member

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    hi everyone, I have read these forums frequently but this is my first post. I am after some advice on evicting a good tennant of mine.

    Anyway here's the story:

    Bought a house had it a few years, decided to move out and rent with my partner. We then split up she has stayed in the house and I've moved back to mum and dads.

    The current tennant has only been in my house for a couple of months and there is absolutely no reason to evict them other than I'd rather live in my house than at the parents. I have the property externally managed and I feel really bad stuffing them around as well as the tennant but at the end of the day id rather be living there.


    Is it possible to terminate a lease early for this reason?

    Many thanks in advance
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    You have committed to leasing the house out to someone else for x months. Only the tenant can use a break lease clause. You may however negotiate with the tenant to leave early.
     
  3. D.T.

    D.T. Adelaide Property Manager Business Member

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    Can't evict during a fixed lease.

    Can end by mutual agreement which usually requires some sorta incentive / negotiations. E.g. cover all their moving costs.
     
  4. datto

    datto Well-Known Member

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    Chris, an early lease break may cause a grievance.

    Hand him a slab (or two) of his favourite beer when breaking the news. This is the choice method of resolving uncomfartable moments in Mt Druitt.

    Sorta like a peace pipe, although sometimes......

    Anyway, good luck with it Chris.
     
  5. Simon Moore

    Simon Moore Mortgage Broker - Melbourne Business Member

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    A mate of mine was in a similar situation, but he was the tenant. The landlord offered $1,000 + covering all moving expenses, including people to pack boxes + if that have to pay a higher rent at the new place, he would cover the difference for 12 months.

    Pretty expensive, but plans went through council faster than expected and they wanted to start the development ASAP.
     
  6. magma

    magma Active Member

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    don't mention the world "evict"

    be creative on how to break the news to the tenant.

    offer a fair deal and make sure their happy and have no grudges.
     
  7. Xenia

    Xenia Adelaide Property Manager Business Member

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    You cannot evict a tenant on the grounds that you want the house back if there is no breach.

    You can only give them notice that you will not be renewing the lease and gain vacant possession at the end of the lease.

    You can also agree to break the lease and negotiate terms by mutual consent.
     
  8. Nemo30

    Nemo30 Well-Known Member

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    Im doing exact same thing atm - i feel bad cos they've been there 5 years and really are good tenants. But at the end of the day i need my house back.

    In my case i had to wait for the lease to finish and then give 4 weeks notice. The notice period was shorter because a family member was moving in. Normal notice where my ip is 26 weeks.

    So look at the legislation in the state where your ip is. There is a tenancy tip by @D.T. in relation to notice periods. You have a contract with them which you need to commit to, unless there is mutual consent to end it.
     
  9. Marg4000

    Marg4000 Well-Known Member

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    Son negotiated a break lease when he wanted to move back into a house he owned. Savvy tenant played hardball and in the end it cost our son $10K. Son figured it was worth it to avoid the inconvenience of a short term rental and a double move.
    Marg
     
  10. D.T.

    D.T. Adelaide Property Manager Business Member

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    How did it rack up that much cost?
     
  11. Marg4000

    Marg4000 Well-Known Member

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    Tenant simply did not want to move (or figured he could get some easy cash).
    No legal reason for eviction.
    Offers increased until tenant accepted.
    Marg
     
  12. joel

    joel Well-Known Member

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    Wow. I'll let you kick me out of my home for 10K any day!
     
    D.T. and jim1964 like this.
  13. WattleIdo

    WattleIdo renovating Premium Member

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    In NSW you give 3 months notice for no reason. That's if there's no lease in place. I think this is fair. Am I stating the obvious?
     
  14. D.T.

    D.T. Adelaide Property Manager Business Member

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    Yep that's right and the duration varies a bit between states, but the scenarios been discussed above involve them being on a fixed lease.
     
  15. Casteller

    Casteller Well-Known Member

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    Wow sux to be a tenant in Australia. Paying the rent on time, settled in, kids in local school... then the owner can tell you to get out in 3 months or when the "lease" finishes.

    There should be a "security of tenure" which allows a tenant to stay at least 3-5 years if they want.
     
  16. joel

    joel Well-Known Member

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    If you want security of tenure, you buy your own home.
     
  17. JDM

    JDM Well-Known Member

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    Security of tenure is more a European concept. With that said, in a residential context the security of tenure is usually subject to the landlord's right to give notice ending the lease if they intend to live in the property themselves (obviously depends on the jurisdiction).
     
  18. thatbum

    thatbum Well-Known Member

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    When I used to give advice on these sort of things, I saw offers from landlords usually range from "moving costs" to I think $5k and $10k, which were the two highest.

    Although the vast majority of queries I got from tenants were from landlords who were trying to force an eviction with no compensation whatsoever.
     
  19. Gingin

    Gingin Well-Known Member

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    Go rent somewhere in the area. You may find this a better solution to be a rentvester
     
  20. chris reed

    chris reed New Member

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    Thanks for all the advice guys.

    I've decided I will just suck it up and stay home and save bulk coin to hopefully purchase my own place in 10 months

    Cheers again