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

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

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Originally Posted by rovercare

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

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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:(

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Originally Posted by Disco_owner

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 ...

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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:

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.;)

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:

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 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.

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.

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Originally Posted by Disco_owner

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:

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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

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