Tenant refuses to pay, what to do?!

If they've all signed one lease it's a problem for all four of them to solve. You cannot skirt responsibility just by moving out.

 

Time to see a lawyer for some legal advice perhaps.

 

Perfect summary, your PM should be reminding all 4 of them of their obligations under the term of the lease, simple as that.

 

Hi Terry,

Can I contact you re legal advice? I can't seem to send you a conversation request through this propertychat send-a-message platform.

I understand what everyone is saying and it's so helpful to know that they're all liable for full rent. However we have applied to do the RTA QLD conciliation because the tenants are uncommunicative and won't do a payment plan with us.

And I'm wondering what we should do about the tenants who are paying their bit but want that letter saying they only want to be liable for their portion. If we don't give them that letter, the worst case is they just leave, which I know they shouldn't do. But what are their consequences?

I am still quite undecided about what to do...

 

Potentially: Terminate the joint lease. Re-sign immediately afterwards with the ones you want to keep?

 

Did the four tenants know each other before they moved in? Are the friends?

 

Yes, They are friends and in the past shared a house as well. Two couples.

 

No, this is not my area sorry.

 

Its my area but it seems awfully simple to me so far. Pretty much what I've suggested in this thread already. What am I missing?

 

I agree with you. The fact they they are all friends, knew each other before signing the lease and have previously shared a house just confirms the "joint and several" condition. There is no portion of rent to be divided up. Don't try and conciliate just with the couple that are not paying the rent or you could open yourself up to modifying the "joint and several" condition.

 

I don't agree with you here. I'm not sure what even "modifying the joint and several" would mean exactly, but I don't think there's anything like that in this context.

 

I may have misconstrued what DorothytheDinosaur meant when she said "However we have applied to do the RTA QLD conciliation because the tenants are uncommunicative and won't do a payment plan with us." Previously she said the tenants that were uncommunicative were the couple that refused to pay. If you just take this couple to the RTA you are electing to ignore the joint and several liability in the lease and take up a complaint against just two of the occupants thus making an election to sever the joint liability of all four tenants.

 

According to my PM, the bill for non eviction in Qld passed on Wednesday and apparently takes effect today? I am not sure. Can anyone recommend a lawyer in Qld who knows the current situation? I'm just going off the Qld govt website and what my PM is telling me....

I'd like to terminate like @thatbum recommended, as they have been uncommunicative. But if the bill's effective, does that mean we can't? And that the only way is to go through RTA conciliation.

 

The tenants are required to respond to you by participating in the covid process. If they don't, they aren't covered by the non-eviction protections.