HELP BAD TENANT- Need Help please!

Hi Ms Lolly

Just wondering why are you still being so 'hands on' with this? I.e. You say you are considering texting the tenant etc.

It’s best to leave it up to the PM to proceed with a bond claim etc.

 

Often Property Managers will assist an owner to clean up a mess like this but they're not overly enthusiastic to take the reins in full until it's over. @MS LOLLYLEGS is that what's happened here?

 

There's no bond. The bond was never paid by the squatter.

 

aThat's Right- that's whst started this all . Will be back later to give update!

 

HI Everyone -Update to story (Quick reply to those asking the question."Why are u still txting him, why not PM handling it. Well Tom Rivera!! is right -the new PM is advising me only- didn't seem to have time or willingness to take over. Don't blame them as this guys been a high maintenance EVICTEE!! AND today's messages shows he is not all there!!! OMG!!
Yes Ive got insurance but HE should be paying for it, shouldn't he? not my insurance so I was going to wrap it all up in a QCat case for arrears, damage, cleaning & missing items. HE needs to be brought before QCAT!! He now keeps sending txts saying HE"LL PAY the arrears, but with a new twist! He has concocted a "discount" he needs removed off the arrear's total for "work" done at the house. As I might has mentioned before- after he was there about 1 month he txted I'm going to pressure wash the back deck!! I said" NO please dont- I will organize if any work needs doing" & he promised me he wouldn't touch the back deck, then sent pictures about a week later of the deck after pressure washing! UGH!! (But it does look better) That's why when he asked for payment yesterday (1st time ever- & when he DID it he was behind in rent- so I wasn't going to pay for it after I'd told him not to), I said I'll give u a discount for the deck clean - BUT WHEN ARE U GOING TO PAY FOR THE MELTED BURNT LAUNDRY TUB??. No answer, of course!!
This morning I had to txt him "Put the bins out because its bin day & they are full" They were stuck in between the stupid boat & his big pile of junk left on curb. (Wish I didn't have to do ANY of this but who else can do it?) Then he tries calling me, goes to voicemail, he leaves this message.
"I wont be removing any garbage from your house or paying you a single cent. You need to pay for the work carried out at yr property. You are trying to rip me off & I want to be paid for the work done!!" WTF? Does he seriously think that anyone who hears this from him will take him seriously?????? What about my arrears, damage, dirty house, stained carpets, missing stools, storage unit, blower vac, etc etc?? He's even stolen brushes, brooms, mop & buckets.
I, of course was speechless.... UNTIL I LET HIM HAVE IT in my next txt.
".As you have not given me a forwarding address, left me with arrears, have damaged my property, stolen items from the house, & are refusing to remove garbage left at property I'm going to the Police. Then silence from his side!!!
I tried to go about my day (booking the cleaners, & the carpet people), but started dwelling on his message, getting madder! So I txted him again, in all capitols.
"YOU ARE UP TO YR OLD TRICKS THAT THE POLICE TOLD ME YOU USED TO DO IN SURFERS PARADISE; CLEAN DRIVEWAYS OF BUSINESSES THERE - THEN GO INTO THE RECEPTIONIST & DEMAND PAYMENT!! THATS WHAT YOU ARE DOING TO ME. YOU ALSO DROPPED 2 PALLETS OF GOODS ONTO A BLOCK OF LAND THERE FOR STORAGE & REFUSED TO MOVE IT UNTIL POLICE GOT CALLED. LIKE U SAY U WONT REMOVE THET JUNK UNTIL I PAY YR WORK BILL.
Silence.... the rest of the day thank God. I called my nice officer's station, but he's back on tomorrow. So going to call again & go see if I can make a Police report for Qcat.
So over this (as I think you'll all be too by now).. update later

 

That's it! They dont want to handle this idiot (& neither do I) - but I'm only txting him still because I was hoping against hope he'd pay some arrears rather than it all have to wait for Qcat. OR I'll will go the insurance way but I dont want him to get away with this!!!

 

It’s really difficult to read your post because of the lack of paragraphs and with so many words in capitals (there's no need to demonstrate the use of capitals in your angry text to the tenant - we can imagine it).

You have insurance, so you should use it.

Also don't fix any thing without reporting it to insurance in case they need to take their own photos.

Did you take condition photos before the tenant moved in? Was a condition report done?

I really think you are taking this too personally. If he has left then don’t worry about the bins -If he didn't put them out, well then they can go out another week. The neighbour could help.

If you don't want mops etc to disappear, then don't provide them with the house next time. Unless it’s a furnished place and everything was itemised on the condition report.

 

Ask yourself how lollylegs would have been like when talking to the pm......

Pm: look after he leaves you can claim insurance.

Lollylegs: no, the tenant needs to pay for what theyve done.

Pm: (do i want this person as a client going forward? Every time theres a tenant problem shell be at my office in a cape and spandex suit screaming in capitals for truth and justice.)

 

The next question is whether the insurer will actually pay out given pretty much all the losses are self inflicted.

 

Unfortunately isn't this the truth.

This is what happens when an unstable landlord meets an unstable tenant and there is no third party in between.

We seem to be getting a few posts where it is obvious that the owner really shouldn't be in the rental game.

 

And dont forget to pile all his crap in the boat, and then ring the local council and tell them that someone has dumped a big stupid boat out the front of your place.

And maybe he didnt bother to transfer the rego, assuming it is registered...

And don't text him about anything to do with a boat....

And vacuum up a bunch of dirt from inside, and go and empty it all the deck and take a bunch of pics.

What work has he done?

This deck is filthy and he needs to pay for cleaning costs..

What a shame he didnt pay a bond, and you will probably need to put this episode down to experience and move on (after dealing with the boat thing, of course).

 

Where is the PMSL imogi ?

 

I hope you don't mind me saying, and this is only my professional opinion, but you have a very counterproductive attitude to this whole situation. I know you're very upset and you have every right to be- but you have approach this whole matter the right way if you want a positive result.

You can't bring these people to account. This man has been through this before and he's wasted more peoples time than yours, he makes a living out of wasting everyone else's time and money. You are getting absolutely unnecessarily and unproductively caught up in this fight for justice when you need to follow the best practice procedures and move on.

1. Make your insurance claim. They will chase the tenant for compensation, that's why you pay for them.

ONLY go to QCAT if the insurance doesn't pay out adequately (which is likely if you're with the wrong insurer- Terri Scheer, EBM or AON may treat you well in this situation, any other insurers are likely to squirm out of the claim).
Tribunals are heavily biased towards tenants and unfortunately you will be hung out to dry for not following proper procedure as a Landlord in the first place. Even if your case goes well, the court members have an unhealthy love of "compromise", so your chances of winning all costs is next to nothing.

2. After consulting with Insurer, Rectify damage ASAP in preparation for re-letting as soon as possible. Getting the property re-tenanted is your highest priority, don't waste a day.

3. You should NOT be making ANY unnecessary contact to the tenant, especially not to antagonize him or show off!
Stick to proven facts and legal procedure, ignore his games and rubbish (e.g. pay me for washing the deck).
The tenant will ABSOLUTELY throw your messages back in your face at Tribunal!
Keep it short, well written and professional where necessary. No emotion. Ignore his games.

 

Thanx Tom for yr advice & reminders. I know it mightn't seem like I keep it as professional as I could, but I believe I do compared to who & WHAT I'm dealng with! And believe me -I do keep any messaging short & on point. (He texts me about 3 to my 1). And I NEVER txt him unless its absolutely necessary. There is no other PM to deal with this guy- I'm it.

For Example- Get to the house at 8.30 am to let the cleaners in to do a proper exit clean (ready for new tenants), ....only to find the ***** has been there in the night & STOLEN my letterbox ! Sawn off at the base & taken metal pole complete with box.Ughhh! what was in there that was soo important that he had to steal it? Locksmith put a new lock on box when changing locks, so he cuts it off & takes it. Who does that? (Of course, I've NOT txted him about this, Police will pursue it ).

So more time wasted reporting this theft to Police, then later getting handyman to dig out old cement base & installing new pole & letterbox. GREAT!!
Should let it go? Not in my books- He's not only a vindictive, thieving fraudster of a tenant who owes me a LOT of money (arrears, electricity & damage).... he's also a bullying male who thinks he can walk all over women. He would NOT be doing this to a male landlord or PM.

From his Police files- these are his tactics, so I'm just going make sure this gets reported too. I don't believe my landlord insurance will be that good, so a Police report will help at QCAT.
And I've realized there is a huge gap between a landlord PM (myself) & a lot of others on Property Chat who are professional PM's- in that it's easier to say don't take it personally etc. That's because for lots of you it's a job, isn't it? For me, ...it's my money, my time & my house!
But I still do appreciate the good advice! Thanx!

 

As it is for all owners.

 

Thats sorta the point really. Having a PM allows a degree of separation so you can get on with your life and not be financially or mentally ruined by one idiot.

 

Should have put that nanny camera in the front window !
Would have had him dead to rights