Tenant asked to stay for one more week after the vacate day

Discussion in 'Property Management' started by htopg, 26th Jun, 2016.

Join Australia's most dynamic and respected property investment community
Tags:
  1. htopg

    htopg Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    434
    Location:
    Sydney
    A long story short....
    My landlord friend successfully obtained a tribunal order and his tenant needs to vacate at the beginning of July.
    After the tribunal order, the tenant did not pay any rent.
    Yesterday, the tenant messaged my landlord friend and asked if he could stay fo one more week as he could not find a storage to store furnitures by the vacate date.
    He even "threatened" my friend that he would just leave the furnitures behind if my friend does not give him one more week to stay.
    My questions:
    1. What can my landlord friend do?
    2. Is it worth to get sheriff order from tribunal?
    If so, how long does it take to get one?
    3. If the tenant leaves goods, I guess that those goods could not been thrown away before 14 days, is that right?
    Thanks in advance.
     
  2. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    Jeez - is this the same friend from before? He could really use with a good property manager don't you think?
     
    Pumpkin, wylie, Joynz and 2 others like this.
  3. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,421
    Location:
    Qld
    The beginning of July is next week. By the time your friend gets any sort of legal resolution the extra week will be long gone. And if the tenant does leave goods behind, there is a legislated length of time they must be held before the landlord can dispose of them.

    Sounds as if the tenant understands rental laws better than your friend.
    Marg
     
    wylie and skater like this.
  4. EN710

    EN710 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    3,218
    Location:
    Melburn
    Get a PM line up for the property...
    Can your friend handle the losses? I.e. evict him on the promised date. If tenant left their items, right on the day, give them notice then arrange disposal in 14 days.
    The time difference is +7 days (compared to giving them another week) + clean up fees...
     
  5. Xenia

    Xenia Well-Known Member

    Joined:
    16th Oct, 2015
    Posts:
    3,863
    Arrange a baliff the day after vacant possession is granted if he is still in the property.

    I would not just allow one free week, get all you legal stuff sorted and on time.

    He may end up getting one free week in the process anyway but I would never just consent to it.

    Get a property manager who knows about the legal side of things to handle the problem, this is just routine stuff.
     
    Pumpkin, wylie and SerenityNow like this.
  6. htopg

    htopg Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    434
    Location:
    Sydney
    Yes, same landlord friend, same bad tenant.
    This is the final stage now - eviction by the sheriff.
    He will use a good property manager for next tenant.
     
  7. Luke T

    Luke T Well-Known Member

    Joined:
    12th Dec, 2015
    Posts:
    358
    Location:
    Straya
    Its harsh how it seems like the law is always on the tenants side . They totally know the law and every extra week they can stay is a bonus they dont need to pay the rent -its a sad world when people live like this,but i think they are usually on a cycle and it seems to them that they can never get out
     
    Pumpkin likes this.