Tenants refusing to move out

Hi All,

I'm a newbie here......Hope you all are well and keeping safe!!!!!

I have a situation at one of my rentals where the tenants have refused to move out after 4 month lease has ended.
They didn't pay the rent since 11th December and there is an overdue water bill to be paid too.
After repeated reminders through text messages, calls and email, I have received no response from them. When confronted at the property, I was told that I'm harassing them for rent.
I do have a 6 week housing SA bond guarantee sitting with CBS which will cover the rent and water bill.
Just wondering, if someone else has been through this trauma and what actions were taken against the offenders to kick them out or if there are any lawyers/real estate professionals in this group who could assist us.

Thankyou in advance.

 

You will need to apply to the tribunal to evict them, then probably get the sheriff around if they don't leave.

 

You must follow the legal process in your state to evict them.

Be sure to adhere very strictly to the lawful procedure.

 

I know it's a bit late now, but do not self manage unless you know what the legal process is. You need to follow it to the letter of the law. Have you sent any breach notices yet?

 

I know....Sadly a bitter lesson learnt from this experience....

I haven't sent any breach notices yet...Thinking of hiring a lawyer to go through the legal process of evicting them....The main issue is they don't reply to any of my messages, calls or emails making it difficult to communicate and get anything signed from them......very stressful

 

Honestly, this is absolutely ridiculous. Are you treating your investment seriously or not? Everything that isn't starting the termination process is just you faffing around.

And then a lawyer? Why not just a property manager?

Who cares if they don't reply? Why would that even matter at all?

 

I'd hate to hurt their feelings.

It's more important that they have money for the kid's Christmas presents, booze & BBQ than for rent.

 

How do you know the 4mth lease has ended? Did you give notice to them that they need to leave at the end of 4mths? If you didn't then the lease might (depending on how it was written) just roll over to periodic. You still have a tenant late in rent which you can breach and then evict however.

Do you have landlord insurance? You need to ensure you do everything when it's due otherwise your claim can be reduced/denied.

Nothing needs to be signed from them anymore. There are set procedures for how to issue breach notices that will comply with the requirements to get to eviction stage.

You don't need a lawyer - in fact many would not know the process - you either need a property manager and pay them for the service or you need some guidance from your local state governing body on how to do it - and make sure you understand or you end up wasting the time and have to start all over again.

Will you be getting another tenant after this? If so then a property manager may be more agreeable to taking on the hassle of the eviction if they get the ongoing new tenancy management.

 

As others have said, a lawyer won't help.

 

I mean a good one might - albeit for quite a lot in fees compared to just a property manager.

These threads come up on the forums every week - I should really just start a law practice to cater for these self managing landlords!

 

Probably a market running short courses on being a self managing landlord.

 

Fair Trading NSW runs a DIY lobotomy course - just as enjoyable.

 

There isn't actually.

90% of these self managing landlords think its all roses, candy and easy rent income right up to the point that there is a problem. So they're not going to pre-emptively learn what to do.

 

I do ride the Short bus to work maybe I am special. I would undertake the study/course to learn about it.

 

Why are you self managing this property? It looks as though you have pretty much zero experience when it comes to problems with tenants.

Sometimes its just easier and advantageous to use a good property manager

 

Sometimes even when you go through the professionals it can take over 14 weeks from experience and if the lease is not set up right the Insurance is useless ..

I gave up on self-management a long time ago,as all it takes is one tenant or several at once..

As other's have said--find a property manager in your local area and employ them and start a stress free life..

 

You'd probably do quite well. They all think they're saving money, and so long as they get a great tenant, they are, but at some point they're going to get burnt.

 

Hi mate - sorry to hear this. Just confirming you are self-managing the property without a property manager?

 

Are we still talking about self-managing landlords or professional property managers in Perth?

Seriously though, the number of professional property managers I have seen in Perth where tenants know more about the law than the PM is ridiculous.

@Sam Alwani, you don't need a lawyer to evict your tenants. You can do it yourself if you lodge the correct paperwork. South Australia Termination by Landlord | Flatmates.com.au. If you are not sure what to do then you can hire a property manager to do it. Just try to find one that knows more about tenancy law than the tenant. Be honest with them and let them know exactly what you need. It will cost you but it will be cheaper in the long run than having a non-paying tenant in your property.

 

Sorry to hear this. An Adelaide PM on the forums is @D.T.