Tenant in QLD refuses to vacate and communicate

Hi everyone,

I am facing a sticky situation with a tenant who has been relatively good in the past three years, except for some occasions where she ignores calls and the only way to reach her is to go door-knocking. However, we have received some complaints from the neighbouring properties about men of questionable character going in and out of the property (some of the neighbours have small kids and are quite concerned about their children safety). We issued her with a notice to vacate as the lease runs out and she was meant to leave the property yesterday. I thought this would be the end of it...

I got an email from the property manager today telling me that she has not been able to secure a new place to stay and is now locking herself in the property (the PM can hear the tenant's dog inside) and refuses to communicate with the property manager. I am not sure what to do at this stage as the property is in QLD and I am in NSW. Any wisdom would be appreciated here.

 

Uh isn't the answer obvious? Proceed to seek termination of the tenancy. You issued a notice to vacate. Have you changed your mind?

Am I missing something here?

 

If your tenant has been relatively good in the past three years, maybe you could consider giving her a little extension to sort out her next rental ? Does your PM have suitable rentals for her consideration ?
Alternatively, your PM could explain to her about the neighbours' complaints and safety concerns. If the incidence of "men of questionable character" stops, and if the tenant has been paying good rent, would you re-consider your NTV decision ?

 

Thanks for this. I shot the PM an email about a possible 3 month contract. I will see how this will go. The problem is that the tribunal will be off during Christmas so eviction notice cannot be done until next January.

 

You have an otherwise good tenant that, according to the neighbours, has had people going in and out of the property. What's the implication here? That crime is occurring? It's not illegal to have guests or friends over that look (subjectively) "questionable".

 

The neighbours stereo typing obviously.


If the neighbours are that concerned by the tenant's visitors tell them to ring the police and if the police do nothing, obviously the visitors aren't the threat that they make them out to be.

 

@Antoni0 , I see your point on this. I had a similar case but involved the tenant complaining about the neighbour. This tenant wanted to break lease -- seeking no penalty -- claiming that they were harassed by neighbour. When my PM advised them to ring the police and submit a police report, the tenant changed tune and said maybe they over-reacted so no need to alert police.

 

Sorry to be the bearer of potentially bad news... but you might want to anonymously check with QCAT if they have jurisdiction to decide matters where the rented premises are in Queensland but the owner lives in another state.

 

This isn’t an issue for QCAT. I think it’s an issue in Vic and/or NSW or something?

 

One of my Landlords who lives just over the border in NSW experienced this issue when he represented himself (before we took him on) at the Southport courthouse. I think it's still a thing up here, but the courts/adjudicators aren't jerks about it like they are in other states.

I wouldn't worry about it on this case though, I don't think it comes up when you have a local Property Manager.

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@TonTon903 listen to @thatbum he's right.

This is a typical failure to leave case, don't overthink it and don't panic. Apply to tribunal for a Warrant of Possession.

Our local tribunals are super quick with urgent cases at the moment, you'll get a hearing within a month for a WOP.

 

Got to dislike the good ole bored neighbor syndrome

How are people "visiting" a neighboring property a threat to their children ?
1, if they don't have a fenced front yard the children shouldn't be playing out there.
2, they should be supervising their children
3, most kids are inside glued to the tv/game console

It's like people buying a ground floor unit then bitching about privacy, I reply they should stay inside with the blinds closed

If these so called complaints are the only reason for ending the tenancy then I would have the PM explain that he/she has had some complaints, then offer a 3 month period (like probation) as suggested by @TonTon903 to see if things improve
Otherwise the tenancy will be terminated
Also tell the PM to tell the neighbors (if they call again) that these are serious allegations and they should be reporting to the police immediately as per @Antoni0

 

If the rent is paid on time and the property is maintained and there's no other "issues" apart from the neighbours' here-say, and the Tenant is not easily securing a next place, I'd capitalize and offer the Tenant a new fixed term agreement to keep them.

 

Hi all, thank you for your advice.

I have tried to talk to the PM to see if the tenant is interested in another short term rent. The PM said that it was the tenant who wanted to move out and not signing a lease. I am now under the impression that the tenant is doing this out of spite because we have raised the neighbours' concerns about the men visiting the property.

The PM also update me on the state of the property, it seemed that the tenant is also a hoarder so stuff is everywhere. She has a huge dog which also is also an issue for the neighbour. I am wondering if it is possible to recover the rent loss. The property cannot also be relet due to this incident...

 

If I just found out my neighbours were effectively spying on me and my visitors, reporting my activity to my landlord, and also had issues with my dog (last straw lol), I’d leave too.

 

That is a fair point. It is a bummer I cannot visit QLD at the moment to speak to the tenant directly...

 

why would you want to speak directly to the tenant? Isn't that why you have a property manager?

Follow the process, either renew the lease or don't. As a landlord, neighbours complaining is not really your problem. Same as noise complaints - the complainant needs to follow the relevant process - and that doesn't involve you. The only caveat to that would be like something I experienced recently - where the people making the complaint were also my tenants, and were looking at terminating the lease due to a disruptive tenant.

 

Hang on, how did this change from "I want the tenant out" to "I want the tenant to re-sign up"???

Why did you issue a notice of termination then? And why would you raise the neighbour's concerns about the men visiting the property??

I don't know if this is you or your PM - but between you both, you need to get your s*** together because it sounds like you just shot yourself in both feet.

I disagree with the implication here. Sometimes the best way to sort out an issue is by picking up the phone and having an actual direct conversation.

Although that may depend on having a certain level of people skills, nous and the right temperament.