Tenant 45 days into 60 day lease termination & wont b out by date

i had a lease termination served on tenants 45 days ago. Agent has told me tenants are still looking and trying to find their dream rental property.
I'm getting stressed and concerned as they have asked for an extra week, god knows if they will just keep pushing back.
I need to sell the property pronto due to financial issues.
I've asked the agent to push the tenant to settle for one of the many good rentals out there that may not be their dream rental.
Am I being unreasonable, should my agent be more assertive to the tenant yet, or r we stuck until the 60 days have passed.
Really frustrated!!

 

The PM works for you.

You are under no obligation to allow the extra week.

Instruct your PM, in writing, to start proceedings for eviction as soon as legally allowed.
Marg

 

Should've sent a $100/wk rent review at the same time.

 

Dear keen to Learn,
are you looking at sales campaigns and advertising schedules and presentation opportunities while they are getting ready to leave?
Get 'Pro Active' and let them know you mean business!
Start interviewing sales agents , find out commission rates, success rates!
All the best!

 

I'm using the same agents to sell the property as i use to manage the tenant.
Have signed a contract with agents yet. Perhaps I shouldn't until they have tried harder to get my tenant out the door

 

Ok,
so 'get cracking' and interview a few more agents!
You have nothing to lose!

 

It's quite common for tenants to leave house hunting to the last minute, then panic when they realize it's not that simple. A particularly good agent will explain to them that they need to start looking as soon as possible and keep on top of them.

The agent needs to be very assertive with them. If you do offer an extension- be very clear that is ALL the time they are going to get, you have all sorts of things booked in for the week they're leaving so there's absolutely no further option for them, etc.

 

You're looking at a 42 day settlement on the sale if you choose to have a 6 week settlement.

Have you got a signed contract processed already?

If not, when do you plan to have the property on the market?

Hopefully some Melbourne PM's can advise, but can you issue a 30day notice to vacate due to sale?

Best of luck with it all, being pressured to sell is never a good position to be in.

 

@Keentolearn77 , I think Mark Manson might be able to provide some assistance, vis a vis

Prices for The Subtle Art of Not Giving a ****: A Counterintuitive Approach to Living a Good Life by Mark Manson

Hope this helps,

TV.

 

This sort of happened to me with a place in Sydney. The tenants had advised they were moving out but then just stayed and were essentially squatting! It's easy to talk big but the process to get them is long and drawn out and is not fun at all. Worst still, I had a tenant due to move in the 2 days after they were due to move out and of course, cleaning etc. had to be done. I nearly lost my new tenant because of it.

There is no hard and fast solution except solid management leading up to the move out date. As has been discussed, your PM needs to be very assertive and pull out all stops to ensure they are out by the finish date. It can end badly for the tenant with respect to future rentals too so they need to be aware of that.

 

Since they are essentially squatting, aren't they classified as trespassing?

What recourse is there in regards to calling the police to get them out?

 

You'd think that wouldn't you! The police weren't that interested and fortunately they left at short notice before it got ugly so I wasn't forced to take matters further.

 

Interestingly, the new tenant was a police officer too!

 

They're not technically considered trespassing or squatting if they stay past their vacate date. They SHOULD be, but it's still considered their house till they shuffle out and return the keys... (even if they haven't paid rent in months....!)

It's particularly dangerous for the agent, because we can be found liable for paying compensation to the new tenant who can't move in. There's been multiple cases of agents paying for storage, moving costs, hotels and other compensation over outgoing tenants not moving when ingoing tenants are already signed and paid.
Many agencies are starting to make it policy that they only sign leases and take funds from ingoing tenants once the house is vacant, but the reality is that puts those agencies at a serious competitive disadvantage.

I've even heard a couple of cases recently of venemous tenant advocacy services advising tenants that they have the right to stay in the property until a Warrant of Possession is carried out... how insane is THAT!

 

Correct. Essentially they are but technically they're not and I find the protections for tenants in these cases ridiculous.

 

Sounds like something these guys would suggest.

 

I used to advise that regularly. I don't see how its insane or "venomous" - its legally true after all.

 

It's not a right, it's a technicality. To advise someone that they should squat in someone else's house until they are forcefully dragged out by police is ludicrous, and to advise them that they have the 'right' to do so is even more so.