How to deal with a tenant who won't pay rent

[Disco_owner]

ok, I have been very patient , My room mate constantly short changes me with the rent and is always paying late , on top of all that he is not paying his share of the Bills. :mad:


water , electricity , internet etc.

he told his boss to Shove his Job ..... so does that mean I need to compensate :mad:


I am left with no other option but to have him evicted, I've found 3 x people interested in the room who will pay the price I'm asking for and would like to inspect and possibly move in asap.

he is supposed to be here tonite to start packing so he could be out in the morning by no later than 10:00 am . :mad: I've sms'ed him several timed but no reply , he sms'ed and said he is out of credit on his pre-paid mobile :mad: even thou I know he bought extra credit on the weekend. I am left with no other option but to force him out from the room and start packing his things. :(

what to do???/

[QLDMIKE]

Start packing his gear, leave it out the front and get the locks changed tomorrow. Does not sound as if you owe him any favours.

[banjo]

YEP chuck his stuff out the front & tell him you have given his enuff so suck it up & goodbye..



Oh yeah change the locks..

[Jamo]

Are you the owner of the dwelling or the lessee?

If you are both lessees you may have no legal recourse but may have to try alternate options;)

If you are the owner and he is a tenant, you need to see your State fair trading dept and get the appropriate forms to serve him with. Here it generally takes up to three months if they won't go of their own accord.

It is always good sense for anyone who is a lessor to serve preliminary notice on a tenant who is even 1 day late with the rent, even if it's your grandmother. As the process to evict won't start in until the notice is served.

[rovercare]

If he has no credit, call

If he's aware of the eviction, pack his stuff, deliver it, if need be. DON'T move another person in until its gone, you don't won't to expose another new room mate to the saga that is, even though its not your fault

Or, bash him:D

[LandyAndy]

Brian Hjelm has bragged in the past to having contacts with Bikies that will debt collect.
Andrew

[korg20000bc]

Actually call him rather than SMS is a start. Then, you decide how you want to proceed. To do it legally you need to go to the CTTT (Consumer, Trader and Tennancy Tribunal) NSW Consumer, Trader & Tenancy Tribunal: Homepage (http://www.cttt.nsw.gov.au/default.html) and proceed from there. Make sure you have everything documented. If he doesn't move, and the Tribunal makes out a Warrant for Possession , you take the warrant to the closest Sheriff's Office (Sheriff's Office Homepage - Local Courts : Lawlink NSW (http://www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/pages/SHO_index)) and they can execute the warrant for you. They are the only legal body to be able to do it and are warranted to physically remove the person if required.

Hope that helps.

[Disco_owner]

Are you the owner of the dwelling or the lessee?

If you are both lessees you may have no legal recourse but may have to try alternate options;)

If you are the owner and he is a tenant, you need to see your State fair trading dept and get the appropriate forms to serve him with. Here it generally takes up to three months if they won't go of their own accord.

It is always good sense for anyone who is a lessor to serve preliminary notice on a tenant who is even 1 day late with the rent, even if it's your grandmother. As the process to evict won't start in until the notice is served.

Yep , I'm the lesse :( I have served him with preliminary notice before but he thretended to smash all my windows if I throw his stuff out :mad: he Arked up and then we had an arguement and he got a bit Violent. I can't take this shiiiit any more ,I want him out,he's currently talking to the owner (my x) and says he won't be out by thursday but he has not paid rent.

[korg20000bc]

Yep , I'm the lesse :( I have served him with preliminary notice before but he thretended to smash all my windows if I throw his stuff out :mad: he Arked up and then we had an arguement and he got a bit Violent. I can't take this shiiiit any more ,I want him out,he's currently talking to the owner (my x) and says he won't be out by thursday but he has not paid rent.

Don't just chuck his stuff out- you'll leave yourself open to a claim by him if anything goes missing or is damaged. Its a crap situation.

[richard4u2]

does he have a signed lease ? if yes you have to go by the book if no throw him out and if he causes any trouble call the cops, you aint never seen him before

[Disco_owner]

Start packing his gear, leave it out the front and get the locks changed tomorrow. Does not sound as if you owe him any favours.

Oldmike , done him lots of favours :( he's a mate of a mate , has been intruduced to me via a friend . that's what ****es me off ...:mad:

[Bigbjorn]

Brian Hjelm has bragged in the past to having contacts with Bikies that will debt collect.
Andrew

They keep 25%. Not really worth it to them unless the amount is getting up a bit.

[Rangier Rover]

:(:( Thats disappointing if it's the tenant I met when I was there last time:( You need the old guys that are on a pension back:)
Seriously though, if it is who I think, you need to call it or it will only get deeper:(

[Disco_owner]

:mad:
does he have a signed lease ? if yes you have to go by the book if no throw him out and if he causes any trouble call the cops, you aint never seen him before

Richard , I spent months trying to get him to sign a "tennancy agreement" , he would't:mad: I even paid his Bond to the owner so he could stay otherwise he'd be out in the street months ago:mad:

he has shot himself in the foot now, won't be long before I have him removed from the premises :mad: if I do it or police come around tomorrow , another bad examples of a "workng Holidays Visa" turned into a permanant residancy :mad: prime example of what ****ing **** this country brings in via out great immigration system , and the crap govertment systems we have in place . bring in the turds and give them a permanant Visa via church system , great , he is supposed to be a church going person and be honest and all that crap:mad:

[subasurf]

Break his jaw.

/problem

[flagg]

Call him (not SMS) and if he has been talking to the land lord call them as well. (assuming you have a good relationship with them). Out by Thursday is better than nothing.

Change the locks tomorrow, don't give the guy a key. Assuming there is something of value in their room get them to pay up before they get their stuff back. It will hold up the process of getting the new person in, but if it takes the guy another week then that is an other week they have to pay you.

This is the only way I can think of that will give you any form of leverage to get all that is owed to you.

[flagg]

he has shot himself in the foot now, won't be long before I have him removed from the premises :mad: if I do it or police come around tomorrow , another bad examples of a "workng Holidays Visa" turned into a permanant residancy :mad: prime example of what ****ing **** this country brings in via out great immigration system , and the crap govertment systems we have in place . bring in the turds and give them a permanant Visa via church system , great , he is supposed to be a church going person and be honest and all that crap:mad:

If he has threatened you, once you have have your money get an AVO put on him. This should have him pretty much sent home.

Also, if you know his church, you could talk to someone from there about him.

[Disco_owner]

:(:( Thats disappointing if it's the tenant I met when I was there last time:( You need the old guys that are on a pension back:)
Seriously though, if it is who I think, you need to call it or it will only get deeper:(


yeah Tony , same Bloke :( turned out to be a real Turd :( he's constantly lying and deciving me with everything , rent , bills etc , I did't mind helping him at first but he started taking me for a ride:mad:

I can't believe anything he says anymore :( he was such a nice bloke at first ...

[rovercare]

If he has threatened you, once you have have your money get an AVO put on him. This should have him pretty much sent home.

Also, if you know his church, you could talk to someone from there about him.

AVO? not a pleasant way to deal with things, seems the victim has more hassles than the perpetrator and they really aren;t worth the paper they are written on

To be honest, the best way to avoid these situations, is just that, avoid them, prevention is the best way

Move where you don't need to find a roomy, or, better yet, be the roomy:D

[Disco_owner]

If he has threatened you, once you have have your money get an AVO put on him. This should have him pretty much sent home.

Also, if you know his church, you could talk to someone from there about him.

I know his Church really well,they have meetings on Sundays , i can go down there and talk to someone , but apparently the Church was his ONLY ticket to a permanant residancy , i've taken to his church several times in the past to drop him off thinking I'm doing him a good deed , funny how he's not interested in the church anymore as soon as he's got a "permanant resisdancy" :mad:

[101RRS]

If he does not want to go there is really nothing you can do without a court order and then that will only be given after you have been through the tenancy tribunal etc. Did you give him the appropriate notice under the agreement (has to comply with the tenancy act).

If he has not left then you apply to have the issue heard by the tenancy tribunal and hopefully you get judgement in your favour - if he then does not leave or comply with the tribunal judgement then you may have to get a court order.

Do not do anything like throwing his gear out or you will find your self in court.

I have been through all this myself - the tenancy act is the pits - the landlord has few rights.

Garry

[Disco_owner]

AVO? not a pleasant way to deal with things, seems the victim has more hassles than the perpetrator and they really aren;t worth the paper they are written on

To be honest, the best way to avoid these situations, is just that, avoid them, prevention is the best way

Move where you don't need to find a roomy, or, better yet, be the roomy:D

I'm not about to move :( I'm going to buy the place back soon:( so I will be the propoerty owner once again ( long story ) don't ask, I have dogs and it is impossible to find a place that's dog friendly :(I tried to help this bloke out becuase he had noone and had no money , doesn't pay to be a nice guy any more:(

[Rangier Rover]

yeah Tony , same Bloke :( turned out to be a real Turd :( he's constantly lying and deciving me with everything , rent , bills etc , I did't mind helping him at first but he started taking me for a ride:mad:

I can't believe anything he says anymore :( he was such a nice bloke at first ...

I cant say anything more here on this forum but feel free PM me if you need some help with this situation. :)
I must say, I'm very disappointed though:mad: As I have also in trusted similar people:(
And when we say no they wonder why:confused:

[big guy]

He has threatened you with violence, go make a police report.

Pack his crap up and tell him to leave you, your life and that he owes you nothing but he must leave now.
Also call your land-lord your ex did you say. Fill her in and make sure she has insurance cover in case he does smash a couple of windows, big deal.

When he gets to your place call the cops if he does not leave immediately and do not even start negotiating, been there tried that.

Get some of your buddies there if you must but don't get bikies or similar involved, you will forever owe them and know there is a link via this web page anyhow.

Tell him to leave and be firm.
Don't be scared, not one bit, actually, be very frigging angry when he gets there, blow your stack and even have a tanty like fit and smash something worthless, just for effect. He will go. Probably just think you are some bloody Landrover nut and grab his gear and **** off.;)

[Disco_owner]

There is people wanting to see the room tomorrow morning and he is nowhere to be seen , I'll move his stuff out of the bedroom tomorrow am and leave it inside for him to collect later and drop off the house keys.:mad:

[billiardbrett1]

If he hasn't signed anything he has no rights. Write off the money owed to you, it is easier in the long run. just call him, tell him to pick his gear up and go find someone else to bludge off. All in all write it off to experience. I know it sounds easy for someone else to say forget about the money, but if you take the cash out of the situation you will have less problems. He probably doesn't have it anyway.

[BigJon]

I would tend to agree with billiardbrett1.

If there is no tenancy contract then he has no rights.

Pack his stuff and leave it at the footpath.

Make sure the locks have been changed so he can't access the property.

Make a statement at the local Police Station about his threats of property damage, that way the ball is ready to roll if he does do damage.

I have been in the situation of evicting tenants before. It is no fun and quite stressful at the time, but you soon learn that all they say they will do is bluff and once they are out they creep off into the night like the oxygen thieves they really are.

[Bigbjorn]

I know a Sicilian-Australia family in Brisbane who once had around 150 houses and flats, pretty well all in the rougher inner suburbs. Dad and four sons all built like Primo Carnera. Their method of dealing with non-paying or unwelcome tenants was religious, "the laying on of hands". They all simply went to the property, grabbed the tenant and threw him and his gear out on the street. Their tenants rarely involved the police. The tenant was more likely to be arrested for outstanding fines, warrants, and breaches of parole. A carton of Scotch to the local police station at Christmas was insurance.

[richard4u2]

I know his Church really well,they have meetings on Sundays , i can go down there and talk to someone , but apparently the Church was his ONLY ticket to a permanant residancy , i've taken to his church several times in the past to drop him off thinking I'm doing him a good deed , funny how he's not interested in the church anymore as soon as he's got a "permanant resisdancy" :mad:
i would have a chat to immigration, they take a dim view of people who may have conned their way in , they can reverse the visa

[Chucaro]

Have the place a separated garage or shed?
If yes:
If he hasn't signed anything he has no prove what he is renting; a room or a storage.
Just move all his gear to the lockable garage or garden shed and have a key ready for him.
Change the lockers in the home.
In this way you are not breaking a lease or agreement, he have his storage place there like was "previously agree"
But before do anithing just ask a solicitor for his opinion ;)
Cheers

[Disco_owner]

If he hasn't signed anything he has no rights. Write off the money owed to you, it is easier in the long run. just call him, tell him to pick his gear up and go find someone else to bludge off. All in all write it off to experience. I know it sounds easy for someone else to say forget about the money, but if you take the cash out of the situation you will have less problems. He probably doesn't have it anyway.


I've written off the Money already :( Just want him out as the other potential tenants ready to move in .. his suitcase and other crap is still in the room. as Rovercare said I don't want the other tenants to be exposed to this saga..:mad:

[mns488]

I've written off the Money already :( Just want him out as the other potential Tennant's ready to move in .. his suitcase and other crap is still in the room. as Rovercare said I don't want the other Tennants to be exposed to this saga..:mad:

Still no better today than yesterday. Tough position for you being in the middle of something that shouldn't remotely be your problem.

Easy enough saying things like 'not on the lease so throw his stuff on the streets' but the practicality of that is not preatty for you or him.

If it was me, i'd continue the talking to him (if possible). Offer him the garage (if you have one, as a short term stop gap 1 week to get **** together). At least he is out of house.

If he really has nowhere he could try hostel or salvation army emergency accomodation or alike.

Good luck!

[korg20000bc]

In NSW, maybe other states as well, not having signed a document is no guarantee. If you have made a verbal agreement it is still considered as binding as a written agreement.

[slug_burner]

In NSW, maybe other states as well, not having signed a document is no guarantee. If you have made a verbal agreement it is still considered as binding as a written agreement.

That is correct you have taken his money.

[101RRS]

And he the tenant does not leave on his own accord there is nothing you can do unless you have been through the tenancy tribunal/court process.

[Vinnie]

Forget about the legal side of things. It's the proper way to go (even if he hasn't signed an agreement), but seeing as you already have people coming to look at the room, just put his stuff either out the front or in a shed or something (as already suggested) and change the locks. Inform your ex (the landlord) of what you are doing so she doesn't go sticking up for him and making the whole situation messier than it already is. Don't be scared of him and if you are then make sure you have a couple of friends that you can call on if he turns up and starts carrying on. Just remember most of these people are full of it and make threats to scare you so you don't do what you say you are going to. Make sure you learn the lesson and make the next roomy sign an agreement with the landlord. Whatever you don DON'T let him back in the house!! Good luck.

Vinnie

[warren9981]

If he hasn't signed an agreement and hasn't paid "rent" then wouldn't he be just a visitor with no rights whatsoever?
How can you have rights to a property if you haven't paid for or signed anything?
Pack his stuff up and put it in a secure storage area or him to collect later.
Definitely change the locks.

[Disco_owner]

ok, had to do some fancy talking to get him to move most of his stuff out , but some of his stuff is still inside the room:mad: Just got off the phone with my ex, she is coming here tomorrow ( not happy ) as he still has spare key,and going to leave his stuff out the front of the house and change the locks,that's the only way. he has access to a mate's vehicle , why couldn't he move ALL his stuff out or make 2 x trips:mad:

[korg20000bc]

Sounds like the kind of bloke who will string you along as far as he possibly can. FRUSTRATING!

[Tank]

ok, had to do some fancy talking to get him to move most of his stuff out , but some of his stuff is still inside the room:mad: Just got off the phone with my ex, she is coming here tomorrow ( not happy ) as he still has spare key,and going to leave his stuff out the front of the house and change the locks,that's the only way. he has access to a mate's vehicle , why couldn't he move ALL his stuff out or make 2 x trips:mad:
Khos, sorry to hear of your predicament, some good advice here from fellow AULRO posters, remove his gear outside, under cover and safe if possible and definitely change the locks. If the bastard threatens (it's a good idea to have a witness present) you call the cops straight away.
It looks like you are going to need at least a few days of lazing around Bendethra when all this crap is out of your life, good luck mate, Regards Frank.

[lardy]

ok, I have been very patient , My room mate constantly short changes me with the rent and is always paying late , on top of all that he is not paying his share of the Bills. :mad:


water , electricity , internet etc.

he told his boss to Shove his Job ..... so does that mean I need to compensate :mad:


I am left with no other option but to have him evicted, I've found 3 x people interested in the room who will pay the price I'm asking for and would like to inspect and possibly move in asap.

he is supposed to be here tonite to start packing so he could be out in the morning by no later than 10:00 am . :mad: I've sms'ed him several timed but no reply , he sms'ed and said he is out of credit on his pre-paid mobile :mad: even thou I know he bought extra credit on the weekend. I am left with no other option but to force him out from the room and start packing his things. :(

what to do???/

check with the cops at which point you can get done for trespass or stealing his gear.
It wouldn't be a bad idea to let them know either way we live in interesting times where scumbags have more rights than the law abiding

[PhilipA]

Khos, glad you fixed the spelling.
Kylie's relatives might have gotten upset.

Regards Philip A

[Bigbjorn]

Have you thought of proceeding under Section 303 of The Residential Tenancies Act?

[Disco_owner]

check with the cops at which point you can get done for trespass or stealing his gear.
It wouldn't be a bad idea to let them know either way we live in interesting times where scumbags have more rights than the law abiding

As Far as I know , If you haven't signed a tenancy agreement , you have no rights ;) ex moved his Gear outside under cover pending for him to collect , I was against this and believed they should have been left inside but the locks changed so when he is ready to pick them up he can call and come around and collect.

[Disco_owner]

Have you thought of proceeding under Section 303 of The Residential Tenancies Act?

Will I still need to carry on with proceedings if he's moved out already ?

[p38arover]

Khos, glad you fixed the spelling.
Kylie's relatives might have gotten upset.

Regards Philip A

I did that as I thought Dr Who might be on our backs!

[101RRS]

As Far as I know , If you haven't signed a tenancy agreement , you have no rights ;)

Think again.

[CowsGoMoo]

Think again.

Yep, I rent and haven't signed anything. Arrangement has been good for both parties. I pay rent on time and it's pretty reasonable.

I rang to enquire once and they told me if I've payed rent and can prove regular payments (i.e receipts or bank statements) I've pretty much got the same rights as someone who has signed a contract.

[Disco_owner]

Think again.


thanks for your reply via PM Much appreciated.

[101RRS]

No wurries - good luck with it - looks as if it is going to work out all OK.

Garry