HELP BAD TENANT- Need Help please!

Hi Everyone! Im new here.. Soo Hello!! I feel soo stupid having to post this, but I let a tenant rent my house in Qld without 1st paying the bond! He barged his way in early! I wanted him to move in on the Monday but then he borrowed keys "to move a few boxes in" .. next thing he was waiving me off on the driveway on the Friday & he NEVER paid the bond... kept saying he'll pay next week! Now 5 months has gone by & he's trying to stick me with his electricity bill for the 1st 4 months (as he wouldn't change it out of my name to his, but he has finally). But 1st 4 months is outstanding still. So he's been given 3 Breach notices (Form 11) now. 1st for Bond (unremedied), 2nd Bond & Power Bill, 3rd (unremedied, a few days ago) for Rent Arrears. Tomorrow I give him Form 12 - NOTICE to LEAVE (14 days- General Breach -Bond & Power Bill), then another Notice to Leave (7 days-Rent Arrears) next week. Any time he's been given these he rings up immediately to yell at me, but instead I let it go to voicemail- where he leaves a horrible rant, on Monday he called me a "pathetic, small minded complete mental case, says he's fed up with my Sh&#$%*@ etc- all because Im giving him breach notices for HIM owing money etc . It's Very upsetting (Im a middle aged woman, he's a 30 yr old male, who works out). He's also sublet without my permission, against the lease rules. Neighbours tho think that guy might have left (couldn't stand this creep?). He's had arguments with people in the street. So now I'm a bit scared of him. BUT MOSTLY I'm scared of him doing damage to my house in retaliation to being asked to leave, as he has paid no bond. And now he's there & has used up the 2 weeks ahead rent. So does anyone know of something I can say to him like "if you damage anything I will straight away report it as malicious damage to the police. We think he'll stay & make me have to get a Warrant for Possession to leave. Can I go to Police about nasty Voicemail messages! TIA for any help11

 

Have you ever dealt with terminating a difficult tenant before? Just follow the termination process and don't get caught up with irrelevant stuff.

 

And what lessons have you learned, op?

 

Do you have landlord insurance? If he's still in breach, appoint a local agent to manage him out of the property including lodging termination papers and hearing at the tenant tribunal.

 

Just follow the process. Property Management is a systematic, procedural, process.

 

Lesson #1

Always cancel your electricity account the minute a tenant moves in. It is then up to the tenant to connect in his/her name.
Marg

 

You can take him to QCAT for urgent matter for objectional behaviour. The voicemail messages will be enough if he is threatening you plus the other issues of bond and rent. Kick him to the curb and start a fresh. Maybe look at a PM to handle in the future as you don't want you life consumed by bad and ungrateful tenants.

Also ensure you have a good landlord insurance policy.

 

I suspect you decided to try to self manage? Consider employing a property manager. You'll probably have to pay them extra to evict the tenant at this point, but it will be cheaper in the long run.

 

Hi, I think your user name is quite fitting, maybe self managing was not a good idea, if not experienced, anyways....

I think you should deal with RTA or Fair trading and follow process to remove them, I would not say anything apart from what you have too via mail or the law.

 

If this fella didn't work out, I'd be knocking on his door putting pressure on him to move on.

Seeing that he works out I'd be seeing a solicitor to try and work something out. Good luck.

Might be best to use a PM in future so you don't deal with these douchebags personally.

 

Hire a property manager straight away. Be honest and upfront and say their first job will regrettably be to remove this tenant, and thereafter you look forward to smoother sailing during which they will manage the property for you. No need for you to become an expert on the process. Leave it to folks who are already up-to-speed with the process. You will be ok. They will get this guy out for you

 

Where is the property located?

 

Hi Ms Lollylegs.

There's not quite enough information here to provide adequate advice over a forum, which is the nature of these issues. From a procedural point of view they become very complicated, very quickly, when things go wrong.

Where is the property located?

 

This.

What is peace of mind worth? Leave it to the professionals who can keep the emotion out of it.

 

Or 48 hrs prior if you're in Adelaide because they physically go turn it off here.

Basically this.

 

Thank-you ALL soooo much for yr great advice! Lessons learnt ? About a trillion! Have started process so will continue it for now (But might consider that great advice to appoint PM - 1st JOB;to Get Him OUT) cos today he gets his 1st NOTICE to LEAVE -Form 12. I expect this will start a torrent of abuse in voicemail form. (Like on Monday). He calls to yell (but I've learnt to let it all go to voicemail/ txt)...AND C. SHORTIS .....Thanx soo much - I do recall seeing that on RTA site, didn't know that could apply in this situation!! I'll call them & let them listen to message (they've started to make notes on this situation) !! That could be the quickest, easiest answer! But I'm off to put the Form 12 in his letterbox! And txt him that its there! I'll be back tonight to let u know what he does! Thnx again AND Yes!! a PM is what I'll be doing in future!

 

Send it by registered post so you have proof that it was received as it has a tracking number. He could just deny receiving it if you deliver to his mail box by hand

 

Email, post and hand deliver F12- then send SMS, separate email and make phone call advising that it has been sent. Try and goad him into acknowledging that he's received it (sounds like he's an abusive idiot and will send you abuse in response to receiving it, which is all you need).

Also please make sure the Form 11 preceding the Form 12 is properly issued or it could all fall down to a cranky court member.

 

I know I should, (yr right!) BUT but so far it's working doing it this way. Ive dropped his 3rd Form 11 Breach Notice -in his letterbox by hand, Then a quick TXT to say Ive done this & he calls/ txts back straight away (with abusive words &, "GET OFF MY PROPERTY"etc) but NEVER has pretended not to get them!! So I think its OK?

 

You need to detach your self from the situation and hire a competent property manager to handle all this.