Renter won't leave after giving them a 60 day notice.

Hi guys,

I issued my renter with a 60 day notice to vacate(which he signed) almost 2 months ago as the house is being sold. But he has not moved out as yet. The 60 days is up on the 27th August(A few days time and has indicated he has no-where to go). He also owes me about $2,300 of rent. Says it is too difficult to find a house during Covid. Although I do know that rental market is buoyant with video and photo's of homes doing the job.

I am managing the house myself, but not up to speed with the laws. Can somebody help me please as I need this sale ASAP to prevent my own financial from worsening. What and when can I issue them for legal possession and what are the wait times in general to have them removed from my rental? I'm in Victoria.

Thanks.

 

Sadly the time that you find out that you'd have been best off using a PM is when you have an issue like this. I'm not sure of the rules in Vic, and you'll have to urgently do some learning. End result is that you get a locksmith & lock them out.

 

I am going this scenario now, although I am in QLD and a little further along than you. Also I have a PM.
But rough steps were ;
1. Apply to court for notice to evict. Wait for hearing which can be weeks away.
2. Once heard in court and you win, then they give you a date period you can force the eviction.
3. Speak to police to assign a time when they are free to attend during that date period given by the courts to force evict the tenant.
4. Rock up onsite with the police and a locksmith. Force them out and change the locks.
5. Deal with the mess left behind.

I am finally at this final step and thousands of $ out of pocket in unpaid rent and water. Luckily I have insurance and a PM to do all that for me.

 

You should probably clarify that this can only be done legally after a tribunal ordered termination of the tenancy and then a further enforcement order being carried out by the sheriff/bailiff.

 

Well, yes, that goes without saying. It's been a long time since I've had one of those.