Nightmare Tenants! How can I get them out? HELP!!

Discussion in 'Property Management' started by MaddyG, 9th Oct, 2017.

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

    MaddyG Well-Known Member

    Joined:
    6th Apr, 2017
    Posts:
    58
    Location:
    Melbourne
    Hi All

    Cut a long story short, I have tenants that are on a 12 month fixed term lease that I want to get out immediately!

    They pay on time usually so cant use that and they have done any 'malicious damage'.

    I do live 5 km from property so could say we were moving into it? C

    Can anyone help please? I am at breaking point..

    Thanks
    Maddy
     
  2. EN710

    EN710 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    3,218
    Location:
    Melburn
    What's the issue with the tenant exactly? Are you using Property Manager?
     
  3. MaddyG

    MaddyG Well-Known Member

    Joined:
    6th Apr, 2017
    Posts:
    58
    Location:
    Melbourne
    Its too long to explain, just after an answer. Yes I am and they are not great at their job which is another issue in itself.
     
  4. EN710

    EN710 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    3,218
    Location:
    Melburn
    Given that it's a fixed lease and don't seem to have any ground, I think very small chance
    Landlord giving notice to vacate

    Change your PM and get one that will deal with the tenant so you don't have to
     
    vudu and MaddyG like this.
  5. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,854
    Location:
    Perth, WA
    If you want some better answers, then you're going to need to provide us with better information.

    Because on the face of it, you will have trouble terminating a fixed term lease early if the tenant isn't in breach of the agreement.
     
  6. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    If the tenants are not in breach of their lease, then you've got them 'till expiry unless you can bribe them to move on.
     
    Tom Rivera and MaddyG like this.
  7. Cadbury99

    Cadbury99 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    195
    Location:
    QLD
    If tenants haven’t violated the rules then only legal option is to get there agreement to break the lease - as per @Propertunity this may involve payment. Saying you want to move in does not give you the right to break the lease.

    Landlord giving notice to vacate

    Why do you want to get rid of them so much if they pay on time and haven’t done malicious damage?

    Are you sure the problem is the tenants and not the property manager. It’s usually somewhat easier to replace the property manager than tenants.
     
    MaddyG likes this.
  8. Big Will

    Big Will Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,517
    Location:
    Melbourne, Australia
    Maybe the OP edited their post but it says 'have' done malicious damage.
     
  9. Redwing

    Redwing Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    7,496
    Location:
    WA
    have or haven't I wonder
     
    Perthguy likes this.
  10. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,191
    Location:
    Adelaide and Gold Coast
    What state is the property in, as rules vary per state

    Need more information about what's going wrong with the tenancy, so we can advise on what courses of actions may be possible, ie there's different types of breach notices in each state. Based on what you've provided so far, you're basically going to have to wait til the end of the contract.
     
    MaddyG likes this.
  11. Xenia

    Xenia Well-Known Member

    Joined:
    16th Oct, 2015
    Posts:
    3,863
    Need to give them a notice of non extension at end of lease.

    There is no other way
     
    MaddyG and Perthguy like this.
  12. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,275
    Location:
    Sydney or NSW or Australia
    Disrepair? :p
     
    MaddyG, Propertunity and Redwing like this.
  13. MaddyG

    MaddyG Well-Known Member

    Joined:
    6th Apr, 2017
    Posts:
    58
    Location:
    Melbourne
    Hi All,

    Thanks for all the responses. I was extremely flustered when I wrote this post (If you can't tell haha).. Anyway after reading the above I did some serious investigation into the PM and we are changing property managers today.

    Thanks!
    Maddy
     
    Perthguy likes this.
  14. Chivaun.Shortis

    Chivaun.Shortis Well-Known Member

    Joined:
    14th Sep, 2017
    Posts:
    193
    Location:
    Logan and Gold Coast Region
    I was going to say it sounds more like a disorganised PM than a tenant. If they are paying rent on time and not damaging the property why would you want to get rid of them???