Tenant evicted - Can I move tenants belongings to property garage?

Discussion in 'Property Management' started by Jat, 16th Nov, 2020.

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

    Jat Well-Known Member

    Joined:
    6th Jul, 2015
    Posts:
    91
    Location:
    Sydney
    Hi all,

    Maybe you can point me in the right direction here.
    I have an IP in NSW. A tenant after months of not paying rent was evicted last week.
    I want to sell the property and start doing open homes as soon as possible. (before the silly season starts hopefully).
    The tenant left most of her belongings in the house!

    Legally the tenant has 2 weeks to pick them up and I have to keep them for her.

    my feeling is that she will pick some of her belongings and leave most of them behind. She is not answering calls so far. So not looking promising.

    Since I want to show the property without her stuff, is it safe for me to put all her belongings in the garage?
    She can grab them from the garage when she is coming for them and I'll be able to start the open homes.

    My current property manager said that should be OK but I'd love to have a second opinion to avoid running into trouble.

    Thanks!
     
    Bon_E likes this.
  2. Bon_E

    Bon_E Well-Known Member

    Joined:
    10th Jun, 2020
    Posts:
    61
    Location:
    Goondiwindi, QLD
    I feel like I'm going to be in this position shortly too (hoarder tenants vacating and likely to leave a heap of crap behind) so I'm keen to hear some opinions too!
     
  3. Phoenix Pete

    Phoenix Pete Well-Known Member

    Joined:
    1st Jul, 2016
    Posts:
    346
    Location:
    PM - Sydney NSW
    Your PM is correct. I'd make sure that the garage is lockable so that the ex-tenant's possessions are kept safe and secure for the 14 days post eviction.
     
    Michael Mitchell likes this.
  4. datto

    datto Well-Known Member

    Joined:
    23rd Jun, 2015
    Posts:
    6,675
    Location:
    Mt Druuiitt
    I had a similar situation once. The tenants belongings were then stolen. I had a garage sale not long after lol.
     
  5. skater

    skater Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    10,282
    Location:
    Sydney? Gold Coast?
    Yes, you can store in the garage, however if the furniture is in good nick, could you use it for staging purposes?
     
    Michael Mitchell likes this.
  6. CowPat

    CowPat Well-Known Member

    Joined:
    20th Jan, 2016
    Posts:
    188
    Location:
    NSW
  7. Jat

    Jat Well-Known Member

    Joined:
    6th Jul, 2015
    Posts:
    91
    Location:
    Sydney
    Thanks Phoenix, that's what the PM said at the beginning but now she says if the goods get damaged or lost the tenant could sue them and myself.
    After checking around and what has been said here, I don't believe that's totally true if I can keep the garage locked.
    A bit in two minds at the moment.
     
  8. Jat

    Jat Well-Known Member

    Joined:
    6th Jul, 2015
    Posts:
    91
    Location:
    Sydney
    Thanks Skater, I rather not. They are not that great furniture anyway :)
     
    skater likes this.
  9. jaydee

    jaydee Well-Known Member

    Joined:
    25th Mar, 2016
    Posts:
    921
    Location:
    Perth
    Yes , your Honour. Even though I had not paid the rent for 3 months or any of my utility bills I felt sure my Landlord would water my plants and look after my furniture whilst I was incarcerated as I really liked the place and want to continue living there when I get out .........

    Seriously, just get the tenants crap out of the property and move on. Give them a chance to collect but unless it has some some value treat it like a verge collection and advise them accordingly.
     
    Last edited: 16th Nov, 2020
  10. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,020
    Location:
    Brisbane
    Iā€™d follow the law in your state.
     
  11. Tom Rivera

    Tom Rivera Property Manager Business Member

    Joined:
    1st Jul, 2015
    Posts:
    2,718
    Location:
    South East Queensland
    We do have to keep things worth over $1,000 up here, and things are rarely worth over $1,000.

    If the law is different down there, lock it in the garage and move on. How are their things safer in the house than they are in the garage???
     
    Last edited: 22nd Nov, 2020
  12. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,020
    Location:
    Brisbane
    Did you mean "we DO need to keep things worth over $1,000 up here"?

    I recall that being the case when my parents had an abandoned house. We didn't have anything left of value, but we did keep everything for the appropriate length of time (except the broken furniture) but never did hear from them again.
     
  13. Stoffo

    Stoffo Well-Known Member

    Joined:
    14th Jul, 2016
    Posts:
    5,332
    Location:
    In the Tweed
    See if you can find some form of tenants ID, rent storage in her name and move everything there, provide address for her to pick up............

    Ok, garage should be fine.
    Keep track of all disposal and removal costs to claim against tenant (or at tax time).
     
  14. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,020
    Location:
    Brisbane
    ... and before you touch a thing, take plenty of photos, both "in situ" and once packed up. We took photos to prove the little furniture they left was broken, missing legs or smashed up. We didn't want them to ask "where is my coffee table" and not have proof that it was smashed.
     
    SeafordSunshine and Perp like this.
  15. Tom Rivera

    Tom Rivera Property Manager Business Member

    Joined:
    1st Jul, 2015
    Posts:
    2,718
    Location:
    South East Queensland
    Oops, fixed, thanks!