Your Investment Property forum is the place for positive industry interaction and welcomes your professional and informed opinion.

How to Get Rid of Bad Tenants

Notify me of new replies via email
Your Investment Property | 23 Apr 2012, 12:00 AM Agree 0
Bad tenants can turn your property investment dream into a nightmare. Your Investment Property investigates how to evict them legally and quickly to get your portfolio back on track.
  • Ginny | 06 Oct 2012, 03:17 AM Agree 0
    Hi, im in a property owner which is tenanted by tenants in qld who have resided in my property for 9 weeks and not paid a cent in rent. They seem to have no intent on paying or moving out and we go to court end of the month. In the mean time they get to live of me for free. I cant afford two mortgages and want them out. The agents are tied by tenancy laws and can't do anything further. What can i do? Are there any loop holes? Can't i just put their belongings on the curbside? Please any advise, would be hugely appreciated and valued!
  • JB | 17 Oct 2012, 10:13 PM Agree 0
    Sounds like you have an incompetent property manager. A good one would have checked the tenants' references to see if they paid rent in the past.
    To add insult to injury, they are too lazy to fix the problem. has all the information you need here:
    Take that info to your property manager and tell them what they should be doing. Once they have sorted out the situation, take your rental to a new agent that deserves your money, or manage the property yourself where you can meet the tenants and check references yourself.
  • L. VB | 03 Apr 2013, 11:56 PM Agree 0
    We have tenants in our house while we rent. They checked out on TICA. and their reference was good. Turns out it was fake. They have not paid rent for 10 weeks and trashed the place. They appear to have done a runner and left 1 week before the court date. They have 4 kids and are pregnant again. They seemed so nice and their history was ok. We tracked down their real old landlord who said they did the same to him.
    There needs to be better services that private lessors can utilise to prove a tenant is ok such as credit history, criminal, outstanding fines, bills etc. And when they dont pay rent it should be regarded as criminal theft. They broke a legally binding contract and effectively stole money from us. The legislation protects tenants not the home owners that work their butts of to get where they are.
  • Sarah | 29 May 2013, 10:05 AM Agree 0
    I'm part way through the process of getting my non-paying tenants out, Warrant of Possession will be issued this Friday. You need to make sure you have a proactive agent as their are time frames for every step or ring your agent constantly. It shouldn't get to more than 4 weeks of non-payment before they are issued a termination order (Qld). As for TICA we have been told we have to request the agent to add them as bad tenants. It doesn't happen automatically which is why they probably looked good when the check was done. We have to give them the opportunity to slowly repay damages/rent before we can even get them added to TICA, so the next place they move into will not be aware of their bad rating as it won't have been lodged yet. Not fair for the unsuspecting home owners!
  • Jay | 30 Jun 2013, 03:45 PM Agree 0
    I rent a three bedroom house. I let a man and his partner who were recently evicted move in without bond. I had no reason to not trust them, this was a mistake. The man lost his job, and therefore couldnt pay rent. He left to go find work away from here, at this stage he was two weeks behind. His partner had a mental meltdown, and was displaying bizzare behaviour. She stole my medication (sleeping tablets), and was drinking cask wine all day. Initialy I was concerned for her well being, as well as the rent. This is where things went pear shaped. She went missing, leaving the door wide open one night, and turned off the power. I woke that morning to a series of frightning death threats on my voice mail. I reported her missing to the police, and also the death threats on my phone. When I contacted the man, he was aggressive, and admitted that it was he who left the death threats. That night as I was going to bed, I was turning the lights off in the house, and his partner was in their room. This freaked me out a little, but she was entitled to be there. I got up the next morning to talk to her, only to find that she was gone. Their room was a mess, with drug paraphanalia everywhere, bongs and syringes. At this stage they were four weeks behind in the rent, and promises to pay were not met, and any communication was met with more threats. She had taken all of the sharp knives out of the house, and apparently turning off of the power was in his words 'to lure me out of my room' (Why she couldnt knock is beyond me). I had issued them via text the form 11 breach notice, and then a week later an abandoment notice. I have moved their possesions under the house. I am now waiting, I am concerned that they have a key, and the threats have been taken seriously by the police. I have since found out that they have done this before, and that he has a history of violence, and a history of violence with knives. I have managed to get the rent nearly up to date, and my real estate have been helpful. I am now stuck with their possessions, and what to do with them. It would help me greatly to sell some of it to recoup some money, as I am in serious financial trouble because of this. I have contacted the RTA and issued them with the correct notices. I am not sure as to what to do now. I want to get another tennant in, but I need to get their property out of my house. Whilst moving their property, I discovered the drug paraphanalia and I also discovered a Marijuana plant. The police have taken it, and the drug paraphanalia. I would assume that by growing drugs on my property that this is a serious breach. My problem now is what to do with their possesions. I am quite anxious as they have a key to my house, have made serious threats to me, including one that said that they were not going to leave. When and how can I get rid of their possesions?
    • charles | 23 Sep 2014, 08:37 AM Agree 0
      I know how you feel Jay I subleased to A loony, this loon had her psychiatrist and mental health people come round after a few weeks I told them she was not Cured, she lied to me with her references, she was messy and used to run Baths and just get out and leave the water in them, leave doors open and leave her keys locked in the house, the time i knew it all appeared pear shaped was when she made 6 attempts to set up a direct debit to my account, I then knew this was going to be a ride she paid her rent but her mental abilities where suspect I then formulated a plan to drive her into a mental health facility thus it gave me an excuse to get this loon who i discovered blew her mind on drugs, out of the house. She called an ambulance to take her to the mental ward, and subsequently left. I think the way to drive them out is to apply mental pressure and set the bar high so they cannot achieve I then replace this loon with some foreign students who are the best house mates i have ever had. Be warned about this loon and the many like her you must be strong and drive them to insanity to get what you want
    • Caperteewaratah | 20 Aug 2016, 01:18 PM Agree 0
      I think Doug has given you some good advice. This is a lesson in doing due diligence, everything on paper, money collected and being professional about any transaction or arrangement, before allowing just anyone into your home. Its a security risk when you don't know them and if they haven't got any money - it usually says substance abuse problems. Can you go to the supermarket and buy something without money? No. They have taken your kindness for granted - but in business arrangements - there is no place for "kindness" feel hard luck stories. Your own security and peace of mind is greatly at risk allowing anyone into your home - even sometimes people you know. If you don't treat it as a transaction, they too can take advantage of you - to your detriment. Thanks for telling us all about it and hopefully someone else may take a lesson from it.
  • doug | 01 Jul 2013, 08:51 PM Agree 0
    I assume Jay that you have not got a formalised sub-lease in place. Your owner through the agent would have had to give his approval for this. Since the police are involved with the sub-tenants as potential persons of interest over drug related matters, you may find they want the possessions or part of them as possible evidence. Before you go any further, though, get yourself a locksmith and change the door locks. Since your security problem is largely of your own doing, I doubt the agent would expect the owner to pay for it, but they might, since their property is also at risk as much as you. I imagine the possessions don't amount to much, so I would take them to the police station and leave them there as lost or abandoned property. Unless they own a couple of Picassos you will find that the process to go through to take possession of it legally so you can sell it is far too troublesome to be worth it. If you try to do so without following due process you may be liable to stealing charges yourself. You would also be in deep doo-doo with the owners should they return. I would write this experience off to a lesson hard learnt and pay off the rent arrears, get myself a cheaper, smaller flat and get out of there.
  • Tracey | 20 Oct 2013, 10:10 AM Agree 0
    Jay, these are not tenants so are not covered by any tenancy act. They are lodgers, look up lodgers on the Internet. There are no time frames or letters etc for lodgers and they have very few rights. You don't have to issue them eviction etc notices.
  • RJG | 01 Nov 2013, 09:26 AM Agree 0
    I own a small block of units. Our agent let a single mother in with a reference but no previous rental history. After a few weeks it was obvious a very aggressive guy was living with her (the child has apparently since moved out), and he kept moving more and more stuff (fridges, bar stools, parts of car engines, a motor bike ...) into the carport associated with their unit, and overflowing onto the lawn and other tenants' carports and driveway, but she kept denying there was anyone living with her. When issued with a breach, she requested he be included as an acceptable tenant. I told the agent I didn't want him there. The agent said they were told she was a suicide risk and him living there could reduce the risk. I have no evidence of this. I told the agent if I was to consider him at all I wanted: (1) references from his former landlord, (2) that he remove all excess stuff from the property first and (3) they inspect inside the unit to see if there were unacceptable items being stored there. None of this was done, and they wrote him in as a flatmate anyway. The amount of stuff is now over three carports and the lawn, interfering with other tenants dong their washing, he makes noise until after midnight banging and scraping and doing various noisy things with car parts, etc. and they've been in breach of rental payments three times. The agent tells me all she could do to vet him was look up ICA and there was nothing about him there, but I had already said I didn't want him there anyway, whether or not he could pay the rent, so I'm not convinced they acted legally by allowing him to move in without satisfying the requirements I'd asked for. The tenants are now to be evicted by court order next Thursday, but the agents tell me I have to pay to store all his staff for three months! I was at the property yesterday but instead of moving any of his stuff out he is bringing uteloads more of it in - including two big sofas which now straddle two carports (not his own) and there's so much stuff on the lawn we can't mow it. Why on earth should I have to pay for three months storage of stuff he's bringing in AFTER the eviction notice (or even all the stuff he was told to remove several times before the notice)? I have asked the agent twice now for a copy of the court order that says I have to do this, but they have not provided it. This is also affecting my own business, as I used to leave my business vehicle on the property (have done so for years, but now can't, as the driver's lock seems to have been tampered with, as has our security light) and it is very inconvenient and costly for me right now to have it at home instead, entailing a 220km round drive each time it is needed in Brisbane. Who should I approach about this? I will be asking RTA of course (and have made brief inquiry already), and OFT - anyone else?
  • Jimmy | 02 Dec 2013, 10:12 AM Agree 0
    I have leased out a property for 3 years while living overseas, the tenants were give 60 days notice to vacate and stopped paying rent, they were taken to VCAT and said they had no money, the date to vacate arrived and they said they cannot find another place to rent, so we go back to VCAT in 2 weeks time for an eviction notice, the council has issued a clean up order on the property I cannot occupy, I will have to take up a 6 month lease on a property or live in a hotel with my family. I wish they could make tenancy and landlord rights equal dependent on actual circumstances. I estimate this will cost me and additional $10,000 plus repair work on the property and I will get nothing from the scum recommended by the realestate agent. Any suggestions before I sign my 6 month lease, it looks like the earliest I will be able to get them out is mid January.
  • fred smith | 30 Dec 2013, 10:12 AM Agree 0
    there are equally bad landlords who hire dodgy property managers who destroy tenants lives and security.
    • Kimberley | 13 Oct 2014, 12:42 PM Agree 0
      Well said. People often forget this.
    • rico | 18 Apr 2015, 10:11 PM Agree 0
      Please tell me how a landlord can do that via a property manager?
    • Yossarian | 28 Jan 2016, 07:44 PM Agree 1
      Bullshit. there are no landlords that steal thousands of dollars from tenants and vandLise the tenant's property whilst complaining the big bad tenant is a symbol of the strong oppressing the weak- but there are a LOT of tenants who do this. Tenants who fail to pay rent are criminals - claiming they don't have money to pay rent and can't find another place to live is like stealing a mercedes because they can't afford one and can't find a cheaper car.
    • New Owner | 19 Aug 2016, 04:09 PM Agree 0
      I agree, some real nasty people out there who use their power against unaware victims. A few years ago a friend of mine was put on tica for a dent in the garage from a car door and a mark on a door from a toy (the whole door "had" to be replaced hung and painted, agents doing), blown lightbulbs, last water bill and 3 days rent which was all agreed to be taken from the bond (for an easy exit as the lease was up), signed and completed everything. Then months later found out he was listed for non payment of rent and extreme damage costs, which included carpet and bond cleaning which were part of the tenancy agreement upon vacation (townhouse) and the above. I couldn't believe it, It was ALL paid and agreed too. They also rang the agent up to find out why and was told he needed to be taught a lesson. Smh sneaky sneaky worm.
    • Caperteewaratah | 20 Aug 2016, 01:25 PM Agree 1
      The subject is bad tenants - keep to the subject - and what do bad landlords - mean that it is acceptable for tenants to be public nuisances, bad payers, bad neighbors, obnoxious and destructive? Get real, Fred Smith and Kimberley, someone else doing something wrong can't justify what this person or malingerer who isn't even a legal tenant to this owners property. The owner needs to do something about the illegal actions of the real estate agent too. What sort of professional property managers are they? to allow this to happen to their client, and then want to take money for their so called services and then inform the owner he has to pay storage for someones rubbish - its all around the wrong way.
  • sharon | 10 Feb 2014, 12:45 AM Agree 0
    What are the consequences if one is unable to vacate a house by date given when there is no other available in time?
  • Deanne | 05 Mar 2014, 06:20 PM Agree 0
    I love in a complex which has by-law which he doesn't follow up. I have a neighbour from hell. That plays loud music. Yells and scream at her kids. Locks her kids outside and wakes everyone up. Several complaints to complex manager and body corporate. But no change, has left us tried and scared. We have 2 months left on our lease. She won't move and the manager won't move her. But now he wants to charge us for leaving!!!! We have been here for 5 years, re-paint the house landscape front and back. We are not the only people that have compliant about her!!!
    • Kimberley | 13 Oct 2014, 12:44 PM Agree 0
      Go to the RTA and serve your property manager with a breach notice. You have a right to the quiet enjoyment of your property. Unless they manage the other tenants I think you have a right to leave. Some property managers don't want good tenants leaving though and will make it harder for you to leave if you don't do things properly by going to the RTA.
  • Tracey | 09 Apr 2014, 11:38 PM Agree 0
    I have an outstanding rental history - never missed a payment and houses kept immaculate. Our RE went into liquidation so new agent now handling property. Today they did an inspection (have not had an inspection since living here - been here a year). New agent was nice enough but she proceeded to go through the house taking pictures of everything. She commented on what an outstanding tenant I am as the house was immaculate. She did not ask permission to take photos and did not advise what she planned to do with them.

    I feel very exposed that she has done this. I feel my privacy has not been respected. Given that there is not a single issue with the house, surely I deserve the right to treat this house like our home and not expect others to see pictures of how we choose to live, furniture, photos etc.

    I have emailed agent requesting photos be deleted unless she is legally entitled to take them. If you own a home, there is not a single circumstance where photos of inside your home and how you have set the home out to live in, can be exposed to absolutely anyone without your permission.

    New agent also advised that we now need to be slotted into her normal inspection routine so we will need another inspection in less than 3 months - the Qld RTA states that this cannot happen without our permission so I have expressed that I do not give permission for this to occur.

    Our house has a spa (that we do not use), the new agent asked about it and I said we don't use it. She then stated that I must inform her if this changes and we decide to use the spa. I don't think this can be legal surely?

    She was at the house for around an hour, going through everything. She even stepped into the shower. Admittedly, she had never seen the property before and as the new manager, I'm sure she wanted to see the in's and out's of it, but photos of the walk in robe?

    I have always been thanked by agents and landlords for being such an amazing tenant so I'm not just saying house was immaculate. Call it OCD, but there is not even a single blade of grass out of place, not a single dust particle on window slides, oven like brand new.

    Some landlords wonder why they have bad tenants, maybe they should wonder why they lose good tenants?
    • Lindsay | 23 Sep 2014, 08:51 AM Agree 0
      Tracey i agree My landlord put my place on the market and I had Saturday inspections after working shift work so one prospective buyer a young blonde came in and asked to take pictures I said NO this is my home it is an invasion of my privacy I was Ignored and the selling agent who was in attendance Hovered like Uriah Heap rubbing his hands and brushing his suit of lint and watching his nice BMW while my home was picked apart for my décor and on women a Slav said It would be nice to get mum in here and get rid of me, i have been a good tenant paid my rent and maintained the place, I feel like rubbish
    • Kimberley | 13 Oct 2014, 12:51 PM Agree 0
      It's actually a huge breach of the rental tenancy laws for them to take photos of your belongings without your consent. I had a sales agent come through my unit I was renting at the time and took pictures and used them as advertising for the property. And I can see why because we kept the place really clean and tidy and we had nice furniture.
      We managed to negotiate with him about too many open house inspections (was selling the house 1 month after we signed a really long lease when he sent the owner rubbish out a free evaluation etc)

      You need to give them your authority to use your property!

  • Jane lai | 17 Apr 2014, 11:47 AM Agree 0
    What's the law in NSW?
    Is it call NSWCAT??
    I've tenants who haven't paid rent since August last year and we have issued them termination and eviction by 29/3, they're still there. Do we obtain warrsnt from sheriff office now?
    Does it matter if it was a rent to buy,?
  • George Puzo | 23 Apr 2014, 12:46 PM Agree 0
    These are definitely possible solutions to one's problem Joan. I would have to say that there is no solve all solution for incidents like these. It seems that it is always dependent on one's current circumstances. Or at least that is what my wife has told me.

    George Puzo
  • Leanne | 07 Jun 2014, 02:07 PM Agree 0
    Hi all. HELP!!!! I rented out a property in WA. the guy was way behind in rent and he left still owing money...then I inspected the property? Trashed new kitchen, stove top, over so filthy cleaning company cannot get it clean, faeces so bad behind toilet and on floor has go sandpaper it off!!! Am prepared to take him to court. He works in mines so not like he doesn't have any money??. Any advice would be great!!!!
    • Kimberley | 13 Oct 2014, 12:54 PM Agree 0
      Go to your state's small claims tribunal and make a claim against him there
  • anita | 14 Jun 2014, 12:21 PM Agree 0
    my elderly parents let a lady move into there rental on the promise to pay bond , she never ever paid it... she is now 4 weeks behind in rent as well as still owing bond so 8 weeks behind. she was allowed 2 pets has 5 living inside the house is being trashed, rubbish mess everywhere , there has been evidence of termites , she will not allow access to look at problem. she was intially issued a 90 day notice and has since been given a 14 day notice and still removes to move has stopped paying rent etc, my dad has lost the original lease. so has no evidence of start dates etc accept for rent ledger.... what can they do??? can they still apply to tribunal to get her out before there is no house left
  • Arnold Stewart | 15 Jun 2014, 10:09 AM Agree 0
    I'm in a situation equal to the worst example above .However ,as rent -to- buy they don't have rights equal to normal tenants ,or so I hear .
    This family is using their children as the main weapon against me , the owner.
    Are there any positive outcomes yet from any of the above situations ?
    Police were called several times by these con-artists ,and the police appear to see me as an aggressor ,after ignoring my calls for help when threatened by the male lodger . I'm over 60 , a gentle person and there are 2 adults and multiple children
    Please , l need to hear of some good outcomes
    • Jan | 15 Mar 2016, 03:43 PM Agree 0
      I would have loved to hear a good outcome as well. I am currently in a similar situation except I own the house and live in it, and the tenants are my son and his family. Rent is payed on time but the amount of damage in just 10 months is well in excess of any rent that has been payed. The heartbreaking part is, I have to sit back and watch the devastation and squalor unfold, the house is crawling with cockroaches and mice, but I can't throw my grandchildren out on the street and any attempt to enforce rules is ignored.
  • R Main | 04 Jul 2014, 09:53 PM Agree 0
    Question regarding Commercial tenants who have broken their lease early and left the country.
    Is it worth pursuing legally or give up now and cut our losses?
    • Kimberley | 13 Oct 2014, 12:57 PM Agree 0
      You would need to engage a lawyer here to engage a lawyer in the country they are in, then fork out enough cash to keep a case running against them in the hope you can get some money from them - if they can pay. You need to way up the commerciality of running a case against them versus the cost of getting another tenant to move in in the meantime
  • Chris | 19 Jul 2014, 03:35 PM Agree 0
    We manage our own property and have a tenant who owes over $10,000 in rent. We have issued all the RTA forms, 11, 12, 16. We are now at court stage. Our problem is our tenant is willing to leave but she can't find another place. She is now saying that she can't rent through a real estate agency because her name is on a blacklist which she is saying is our fault !! My query is does anyone know if and when the Form 16 (notice of unresolved dispute) is lodged with the RTA does she automatically go onto TICA or any other bad renter list ? She has never rented before. We morally won't give her a reference so she will find it difficult to get a house through owners as well. Meanwhile she is living there without paying rent. It is a nightmare.
  • scott | 23 Sep 2014, 08:22 AM Agree 0
    I am a tenant I have lived at my property for 13 years i have always paid my rent, now i am being kicked out of my house because landlord wants vacant possession, I realise there problem tenants, but there is nothing more sobering than finding you have to sell most of your possessions, people coming and refiling in your life selling your prised possessions, because you have to move to a smaller place, i got nothing for doing the right thing i feel like rubbish and a huge sense of loss
  • rob | 23 Sep 2014, 01:38 PM Agree 1
    Hi I got rid of a problem tenant by telling him the sheriffs would be called but if he was out by Friday week 12 midday he could have his bond back. He handed in the keys at 11.55am.
  • notworththeeffort | 10 Oct 2014, 10:51 AM Agree 0
    Are all tenants giving fake referances now?? I feel like I am managing my managers... I am always chasing THEM! Why isn't the rent paid? Is the repair done? Is the tradesperson paid? I am not entirely sure what I pay them to do... The only benefit is the nice easy to read staement at the end of the year for my accountant!!!
  • tenants have all the rights | 31 Oct 2014, 09:04 AM Agree 0
    Dud tenant - selling of all things Bond cleaning businesses ....complained about rental inspection saying I thought we had an arrangement....Ok to premises...but not moving out....agreed to allow him a week to move out in says he has 14 days from the warrant of eviction...agreed to prospective tenants looking at the property now says no...
    Similar experiences to notworththeeffort on property managers...
    Is there somewhere I can put this tenant on a database??
  • chris | 05 Jan 2015, 04:15 PM Agree 0
    yes im having the same trouble ,the tenants havnt paid rent for 6 weeks leaving my mortgage in serious arrears
    the agent put them on a plan to pay back the arrears still havnt paid
    we know they are both working agent says there are 6-8 people living in the house
    i have to wail for a vcat hearing now on 27th of jan 2015
    so another 3 weeks goes by and no rent imminent they obviously know how to play the game they are kiwis ,makes me ashamed to be one
    so they will probably get away with stealing 3grands worth of rent from me and vcat will do bugger they have no teeth

    • Shane | 15 Apr 2015, 03:49 PM Agree 0
      You need to make sure you apply for both the possession order and for rent arrears, which means you can get an Order for Possession that the police will serve on the delinquent tenant in the process of forcibly evicting them if need be. Furthermore, you are entitled to make an application to the tribunal for compensation under PART 5--COMPENSATION AND COMPLIANCE of the Act. In addition, if a bond was paid you can apply to have rent arrears deducted from the bond. There is also a Residential Tenancies Fund, and you can apply for compensation if the tenant is found to be in breach of the Act.

      Hope this helps.
  • | 23 Jan 2015, 02:37 AM Agree 0
    I am a owner of a house in Western Australia, recently I have rented a house to one of the American. From the first day of the rental start, the man have been giving me the bond late, then is the rent, and eventually the bond cleared but the rent is still outstanding, and every time i chase for the outstanding rent but got told to give him more time and he promised will be sorted soon and he don't return the condition reprot to me even i asked him several times, and later he start mentioning all sorts of problem with the house and complaint that the house is over price said that there is legislation on pricing the rent, which I never heard of...and now he just gets angry when i call him to pay the overdue rent, he start using F...words and now even text me racism words. Which make me mad, I have preparing to giving him the breach notice, but not sure whether it will work or not, can anyone give me some advices? Thank you very much.

  • | 06 Mar 2015, 01:43 AM Agree 0
    I am a property manager in wa, formally from qld. Was directed by my boss to breach tenants for rent arrears after their rent had fallen behind by day two even though they had a rent credit which equals to a further 5 days worth of rent. Is this permitted under the wa law?
    • Natasha | 25 May 2015, 04:34 PM Agree 0
      Did you find out the law on this as I'm having the same problem with my property manager, I was given a form 11 on day 7 (thought it had to be the 8th day) saying I was 7 days in arrears but I had 5 days worth of rent in credit so I am really confused. She claims rent is only counted when a full week's worth has been paid but technically I'm not that many days in arrears. Can someone please advise me if this can happen in Queensland?
  • Angelina | 12 Jun 2015, 03:40 PM Agree 0
    Hello, What must I do if I gave reparations to my rented unit at my property manager and no answers? My water bill could increased it because the reparations does not has been made. Can you help me please
  • Sharon | 13 Jun 2015, 11:48 AM Agree 0
    Hi there, I read the above post & have followed through all the way to a Warrant of Possession & tenants have now gone but did not take all their property. I am in QLD. Information from RTA states tenants stuff must be stored for a month & you can charge them for the months storage - but you most likely have to take them to court to get any of that back & as you've stated above, it's a costly and almost impossible process.
    One of the tenants has told me the Police told him that he has 3 months to collect his stuff! I have no money to pay for storage so now cannot even get in & properly clean up the pig-sty left behind as there is so much of their putrid stuff left behind. We had bagged all the stuff left behind ready to take to the dump when the month was up. As we bagged, we had thrown out the dirty dishes, dirty nappies & dead mice found shoved in cupboards & in amongst their stuff in attempts to get rid of the putrid stench in the house.
    Does anyone out there know of some other law that protects their property after they have left it behind?
  • Mizzy | 17 Jun 2015, 05:31 PM Agree 0
    I'm really confused about tenancy in qld. I know people with mutiple eviction/rent arrears notices who rent easy as pie. I have lived in my home 5 years, always pay my rent (yes often it it up to five days in arrears due to my previous payment structure at work), and have always looks after the property (offered to paint black mould ceiling at my own cost after waiting four years for real estate to do it). Now I'm looking for a rental and have been advised I am a 'no go' tenant due to not paying at least a week in advance every week.
    When I explained that I bow pull a wage not commissio an that I pay rent all the time, I was told bad luck. I'm tryig to work out how they justify this. Do they WANT me to lie? Good lord.
    Reading through this thread, I think property mNagers need to review their leasing system. At least I've been honest with them. And I am stable having been in my property over five years not e anew property every 6 months.
    The owner of my property even gave me a good reference but the potential leasing agent contacted the real estate as well and based on the real estate, did not lease to me.
    Can a property manager please explain to me how 5 years is refused and a serial 6 months tenant is not more closely researched and gets approval?
  • Sally Ryder | 27 Jun 2015, 06:48 PM Agree 0
    I have been a tenant for a number of years, after having to sell my home, because I had an accident and couldn't work for a few years.
    I have always paid my rent on time (even though I frequently had to borrow the money on a credit card.)
    I have carefully looked after homes and gardens and been the perfect tenant.
    But I found out that there is an enormous amount of hatred directed at tenants for no good reason.
    I have suffered abuse, been physically assaulted, had my property interfered with and and been financially cheated by a number of landlords.
    Most landlords are greedy people who don't care about the welfare of their tenants. A good one is hard to find.
    • nadia | 31 Oct 2015, 01:34 PM Agree 1
      Sally, it goes both ways. We are landlords and out tenant has taken us for a complete ride. We are 7 weeks rent out of pocket plus 2 weeks bond. He was meant to move out on friday and hasn't so we will now have to go through the courts to get him out. We have a young family and are trying our best to pay our current mortgage on the house we live in and now have to scrape to find money to pay the mortgage on our rental. How do you think this is fair - how does this make MOST landlords greedy? It's not my fault if the tenant can't pay his rent, for whatever reason. He has also causes over $3000 in damages which we need to find money to pay for. We do have renters insurance but because half of his bond had been released (due to a bad property manager) they might not pay our claim. This puts me and my family under stress and we could lose our rental. Most landlords these days have similar situations. Pretty soon no one will want to rent our their houses. It's a very corrupt system.
    • Jupiter | 29 Mar 2016, 11:31 PM Agree 0
      Yeah, about as corrupt as the system which allows negative gearing for multiple 'investment' property owners.

      Who then proceed to claim financial stress. 'Scrape by'? With your multiple properties owned? Give me a break... see how the other half of Australia lives - you will find your familie's existance is quite comfortabl3.
  • Angela | 24 Jul 2015, 02:20 AM Agree 1
    I rent a property in very good condition done at great expense to me. The tenants have not paid rent since moving in, two months ago and the Agent who vetted them is now saying it will take at least another two months to have them vacate the property. My property is in great danger of being damaged, revenge for asking them to leave. Four months of free first class accommodation for them - for me there is a risk of my property being foreclosed by the bank. They are permanently financed by the taxpayer, have never earned a cent they also receive rent assistance paid by the tax payer yet they don't pay rent. They did the same to their last property owner. Tenants have an unfair advantage re Agents, Agreements, legal requirements its not worth the cost or concern in renting property.
    • karen | 19 Dec 2015, 05:18 PM Agree 1
      Rental assistance should ONLY ever be paid directly to the landlord in every case. This is disgraceful indeed, so sorry.
  • Jesse | 25 Aug 2015, 07:40 PM Agree 0
    I'm a property manager in SA, I've had my fair share of bad, no, terrible tenants, but I'm relaxed and friendly and I try to respect the fact that people are trying to LIVE. My landlords are also great, I chase up late rent, and I always make sure repairs are taken care of in a timely manner. It doesn't surprise me though, that there are so many dreadful tenants out there, we don't bother with NTD or TICA, the rules around listing someone are in favour of tenants and you can't get an accurate snapshot, it's been a waste of time in the past.
    I had a tenant leave a house in an absolutely disgusting state, then threatening me via text messages and email. I feel like landlords and property managers need a little more in the "rights" column, but alas, these days, people are so worried about being do-gooders, it's unlikely things will change.
  • ian boswell | 10 Sep 2015, 02:11 PM Agree 1
    Clearly. the tenancy act heavily favours bad tenants- bad landlords aside -- and new legislation is long overdue. In addition faulty references severely compounds this, sometimes, devastating problem, therefore serious tightening up of intelligence data must be done.
    Safeguards should be, by necessity. in place - other than just insurances. The case in hand is a multiple defaulter who apparently, paid no bond, an unfortunate oversight by inexperienced first home buyer BUT WHAT DOES THIS SAY ABOUT PROPERTY MANAGER WHO SHOULD BE CULPABLE AND SUED FOR THIS SLOPPY IRRESPONSIBLE INCOMPETENCE.
    • Nadia | 31 Oct 2015, 01:38 PM Agree 0
      I totally agree with you Ian. We have a very similar situation. Due to very incompetent property managers who missed inspections and let animals on the property when they weren't allowed. They also gave back half the bond to one of the leasers who had moved out and never recovered it back form the the current tenant who is a nightmare. We have new managers now who are great but we will most likely have to take the tenant to court as he was meant to move out yesterday and hasn't. He is also 5 weeks behind in rent. has had multiple breaches and was breached to moved out. AHHH its so frustrating. The laws definitely need to change. It's my house, i should be able to change the locks if rent isn't being paid and not have to pay to store their goods. Crazy system.
  • johnny | 19 Oct 2015, 07:31 AM Agree 1
    Sad but true there are bad and good landlords and bad and good tenants, soon as there's any breach issue them with a notice and hit them hard don't stop the paper work, keep all the records write things down or record the conversions as dictation for later letter writings
  • Fluffy | 31 Oct 2015, 12:33 PM Agree 0
    Hi I have a rental property in Tasmania that I am trying to sell. They have refused open homes which I know is their right. They also refused photos to be taken inside, which is also their right. Today when my agent went to take a prospective buyer through the house (yes 48 hours written notice had been given) she denied access to the agent. She apparently has a reaction to chemicals i.e. perfume, hair spray etc. Please note that this particular person who wears a mask in order not to smell these chemicals, pokes a whole in her mask so she can smoke. There is a pool at the property that they also put chemicals in and which she swims in. I have two separate real estates, one dealing with the rental side, the other selling the property. When the agent was denied access, the tenants then showed the prospective buyers around the house, so I have absolutely no idea what they would have said. The tenants want to break the lease which expires in April 2016 and move out. I have agreed to them moving out once the house is sold. So it makes sense for them to help me as much as they can. They are now making tiny complaints about the property in order for me to get angry and kick them out, which I can't afford to do as I need the rent. Please any advise would be appreciated.
  • Craig | 22 Nov 2015, 06:40 PM Agree 0
    I'm a tenant in a central Qld good times have come and gone. I signed and returned my lease renewal 2 months prior to my current agreement expiry. That's when I realised that most cashed up contractors have lost their jobs and moved on as well. So with over 1000 rental properties available for rent the demand is low for a rental. I sent a request to the agent that I wanted to renegotiate my new lease before it starts and pass on to the owner for a rent reduction. My current weekly rent is $480 and the average price for a 4 bed house is $350. I received a snotty call telling me my contract was signed and how dare I ask for a rent reduction. If I have a problem take it up with the RTA. The double story house behind me was advertised for $400 last week it is now been offered for $320 by the same agent I use. I to live in a double story and there is not much difference between the 2 houses. I do not believe that the agent sent my request to the owner, and I am now seriously considering going direct to the owner to negotiate. I'm a good tenant and pay my rent monthly in advance but get treated like this. How do I get out of this lease of been overcharged $160 a week?
  • Tammy | 24 Nov 2015, 10:07 PM Agree 1
    Looking at your scenario I don't believe the agent is doing anything wrong, or incorrect by the law. The terms on a signed lease agreement can not be changed unless both parties agree or via a successful application to QCAT (for hardship or something similar).

    I think you may just have to lump it and move somewhere else at the end of this lease or perhaps buy a house yourself as the cost of houses will be sure to fall also.
  • Francesco | 27 Nov 2015, 05:09 PM Agree 0
    I just recently booted out my tenants - after 2 1/2 years of trying. I'm in Victoria where VCAT on a good day is catastrophically inept. For those who aren't aware, the laws are heavily weighted in the Tenants favour.

    If you ring Consumer Affairs and state that you're a landlord, the best you'll get is "seek legal advice". However, if I ring and say I'm a tenant then I can be on the phone for up to 20 minutes! Also, Consumer Affairs will instruct you (as a tenant) on how to exploit any loopholes. To further complicate your life, if you go to VCAT and the Member (person hearing your case) is a female - you as a Landlord will most certainly lose. I finally had a win because I managed to get a male Member (no pun intended). This has been my experience as a Landlord for almost 25 years clocking up VCAT Frequent Flyers points.

    So - first learn the process - very time consuming but you need to manage your manager (I know that's what you pay them for). Secondly, ring Consumer Affairs and say you're the tenant - with that info you can then pre-empt what the problem tenant expects to do next.

    Furthermore, where ever possible, go in with a female rental officer when you go to VCAT. The VCAT member is only a legal officer and not a magistrate. As a generalisation, if the legal officers were any good they would have their own business and making tens times more money. What you're getting can not be considered as A grade professionals.

    Most Landlords I know are reluctant to admit they've been burnt but the more you talk - the more you learn.
  • Tentimes | 22 Dec 2015, 09:46 PM Agree 0
    Through a (former) friend, we allowed an informal lease of our property (never again). Since then, we've helped the tenant and his family a few times, by sending work his way and a few other things. back in April this year, we put the house on the market after asking him if he would like to make an offer on it (we even offered him vendor finance). We gave him more than the required notice (30 days in NSW).
    Today was meant to be settlement on vacant possession, but surprise, surprise, he and his family are still there.
    During the notice period, in good faith, we found him several other properties in the area in the same price range, but he rejected all of them.
    The buyer of the property (if the proceed) will be homeless as of 18/01/16 and if we can't get this piece of Tony Abbot off our shoes and out of our property, we are in dire straits.
    Based on the sale of the property, we have stuck our necks out and committed to other ventures. If we can't complete the sale by the end of January, we will almost certainly be bankrupt, which will not only ruin our lives, but also the lives of our employees and their families.
    We have applied for an urgent hearing, but the glacial speed with which NCAT moves, means the hearing is not scheduled until the end of January. No doubt the tenant will try all the tricks of extension and drag the matter out until after we are bankrupt.

    How is this fair, equitable or just?
  • Sarah | 24 Jan 2016, 09:09 AM Agree 0
    My brother has a bad tenant and close to 3 months unpaid rent and behaves threatening , like she has no plans to go anywhere. I live in the uK where I believe you can change the locks - can you in South Australia too. Not officially, but is there the same loophole?
  • Parra Fan | 29 Feb 2016, 10:01 PM Agree 0
    I have a tenant who is over 6 weeks behind in rent.
    They keep saying that they will bring the rent up to date, but each time they don't and ignore my call/SMS.
    I'm concern that they will won't ever pay, but worse still damaged my property.
    I tried to serve them a termination Notice, but they are never home, only their son and he won't sign for the notice.
    Can anyone tell the next step?
    • Trudi | 29 Aug 2016, 09:11 PM Agree 0
      You do not have to personally serve a termination notice. It can be mailed by regular not certitified mail (allowing the prescribed number of days), or it can be placed into their mailbox.

      I recently served a termination order on some tenants by placing the envelope in the mailbox. The case has since gone to the tribunal and the tenants were ordered to vacate. If they are not out within 48 hours, I will have the sheriff attend to forcibly evict them.
  • Jennifer | 12 Mar 2016, 12:10 PM Agree 0
    I own a duplex in south Australia. I live in Queensland. Our agent has let a tenant take over a rental property from his partner when she left. They made him pay bond but failed to get a new lease drawn up. This was back in December 2015. We have been trying to contact by phone and email with a continual run around from the realestate who manages our properties. All this time tenant has not paid rent and it is now March. I was not told what was going on until this week when the realestate has come clean after we demanded they reply in writing to our questions.They have given us the complete run around for 3 months and we are waiting for SACAt hearing end of March. They have also admitted the Property Manager was sacked because of this back in December and still we had no advice either by phone when we rang or when we emailed.
    The realestate agent is at fault and we will get nothing from the tenant at SACAT (the tribunal)who is now out of work and has been for some months. Where do we go from here? The magistrates court, the papers, where?
  • Paul | 10 Apr 2016, 02:58 PM Agree 0
    My past experience as a PM here in Victoria, Vcat generally favours the Tenant a few times then if the Tenant fails to comply with an order, eviction is the next step!!
  • Mary Davis | 12 Apr 2016, 09:22 AM Agree 0
    I rented my home to a so called friend , who between himself , his 26yr old son and son's girlfriend trashed the house then the son and girlfriend moved out , leaving me with a 7 yr default on the mortgage , they never paid a bond and I'm having a hell of a time getting my so called friend to move out . What can I do legally , there is no lease as I trusted this person completely as I seen the way he looked after other houses he rented and have known him 23 yrs and yes it's a huge shock to see how he cared for my house .

    The house is now on the market as I had to borrow money to fix the house and need to repay that money.
  • nickg198 | 21 Apr 2016, 07:28 PM Agree 0
    The nature of the Management Rights business is one of constant change. Our team is always up-to-date and well informed of industry progress. Our page contains all the information & listings located within 24 km of Gold Coast.
  • AnnaDanishek | 04 May 2016, 07:19 PM Agree 0
    What are the consequences if one is unable to vacate a house by date given when there is no other available in time??
  • tracey | 29 Jun 2016, 06:17 PM Agree 0
    i have tenants renting my home. rent used to be on time. lately it's been late. i amto evict them. i just need to find the form to fill out
  • efer | 13 Aug 2016, 11:48 PM Agree 0
    The same has happened to me - August 2016. I am an owner/manager. Did everything right. Property inspection,
    which turned up good. In 6 months, I am left with a 5k bill. Got through all the court procedures and eventually got
    the bailiff. I am disappointed with the bailiff. Yes the tenant was evicted.
    What I am now left with is furniture and boxes lined up against the wall in view of the street, rubbish all around the unit.
    The inside is a total mess (carpets/blinds/curtains ruined) with furniture and boxes. I am not allowed to touch any of it...
    till it is picked up and the tenant has 60 days !!
    I don't deal with bailiffs everyday. I objected to the mess outside the unit and asked the bailiff to get them to move all their
    goods onto the verge before I would sign off. He was obviously weak, as they assured him they would move it that evening
    and three days later it mess is still there. I think it was the bailiff's duty to ask me if I wanted to postpone for a day or two till
    the tenant removed all their goods. The bailiff, as per protocol informed them 2 days prior. Why did he not order them to
    get all their belongings out before his arrival. I paid 1k to get a bailiff and locksmith, and left with this mess. The other
    tenants in the complex have to put up with this disgusting sight on a daily basis.
    Consumer affairs are very good listeners.... it will still take 2 weeks to get an abandoned certificate to remove the mess from
    outside the front and around the house, at my cost !! This is how the government protects the tenant.
  • Pj | 02 Sep 2016, 06:13 PM Agree 0
    Hate to burst the "bad tenant bubble" themed here . . . However, I am a good tenant plagued by an extremely bad Property Management business and property owners that don't believe tenants have any rights to quiet enjoyment of the property they pay rent for . . . To add insult to injury, thereally have been extremely unsavory tenants moved into the unit next to mine (I believe this was done with intent to intimidate me) that constantly breach Uses of the premises by tenant clause 15.1, 15.2 & 15.3 . . .

    You see I am one of those apparently rare tenants that likes to pay my rent and bills and has great respect for my neighbors right to quiet enjoyment of their premises . . . Unfortunately I have not been shown the same respect . . . In fact I happened to catch the property manager and property owners on video breaking laws themselves, which is why they issued me with a "No Grounds Termination" giving me 90 days to vacate . . . Now, this situation is a little more complex, as I am actually a 'sub-tenant' or 'head-lease' tenant through Community Housing via the public housing waiting list . . . So I have been notified that Community Housing have received the No Grounds Termination and I am as consequence being on served . . . However, I have been informed that that may not be the case at all, and that Community Housing quite possibly will place another tenant upon my vacating . . . I will add that Community Housing are in breach themselves of policies and legislation . . . SERIOUSLY, all I want was a place I could afford to take care of some health issues and be a good tenant . . . So, there is such a thing as BAD Property Managers and Property Owners that do stoop to extremely low acts to usurp laws . . . Fortunately I have not bowed to the pressures of their bad (illegal) behavior and continued to pay my rent and bills and will see them all in court . . . Shyte shouldn't be so hard ! . . .
  • Tracy | 05 Oct 2016, 03:12 PM Agree 0
    I agree we as home owners have little or no rights compared to the tenants. My tenant stopped paying 6 weeks rent and he refused to answer the door or reply to any missed calls by my agent or get out of my property. Then I had to take them to the Tribunal which was to my expense of $80 an hour for my agent to represent me and the tenant did not have to pay on top of the rent they owe, further more after he vacated my property he still did not pay what is owing or return any calls from the agent. These people need to be black listed so that it doesn't happen to anyone else. What's the point in getting a court order when you know once the tenant is out they wont bloody pay. Then we are left with the bond money which doesn't even cover much of the repairs or anything and if we want to chase after the rent we will have to pay more money to get it out of them.
  • Jaffa | 05 Oct 2016, 04:17 PM Agree 0
    A Landlord has had to save up a lot of money for a deposit to buy a house the tenant hardly has to save anything to get to live in a house. The law badly needs to be changed so that property owners (Landlords) can ask for even up to six months in bonds.

    They know they can just stop paying rent and drag things out and the ones that do, which with my articular experience, has been 9 out of 10. I believe if the tenant had more to lose they would try more to do the right thing. Landlords should be able to ask for a higher bond up till three months. It's often that i have lost more then three months rent on a number of occasions, by the time you finally get a possession order and actually get police to the door to remove them, plus it takes time to get the place ready again advertise and get a new tenant selected and moved in. It easily takes three months if the tenants bails themselves in and wont move until police come with you to change the locks.

    VCAT and all the other states governments know from all the feedback that landlords get screwed why do we have to bear the brunt of these scums. I tried very hard from a DSP Pension to grow a business over 16 years to buy small dumpy properties, renovate them with every cent and save and go without and made some huge sacrifices to do it only to find time and time again these tenants that deliberately rip people off. I am now selling and going to try some other business, in my mind it's just a nightmare and can not stand the thought of ever managing a tenant ever again.

    If anyone knows how to rally to change the law i would like to help do this. A higher bond would be a start. Bank ask for 20% deposit, why?, because they don't want to lose there investment money. Landlords should not be able to ask that much but more then 4 week should be able to be asked for. If i could ask three months bond i am sure my business would not go broke.
Post a reply