Tenant issues : lawyer

blunomore

Honorary Master
Joined
Jul 8, 2007
Messages
26,789
we are currently going through a similar problem

our tenant lost his job (but more likely he was fired because he is a lazy slob) and was unable to pay rent. he ALWAYS paid late but he was mostly good with regards to paying, but it has been more than a month now and we already had to pay extra interest on the mortgage.

a LOT of lies and sweettalk later, we had enough and decided to break the law by denying him access to the room. we also decided to remove all our possessions and furniture (the room was 100% furnished by us) and oh boy what a "fun" experience that was. the white walls were smoked YELLOW and theres a thin film of grease/dust/filth/grime/tar/etc on everything. all the dirty dishes were stored in drawers and has a thick black coating of fur on it (farming mushrooms without our consent? tsk tsk). we even found a pack of frozen chicken in the freezer expiry dated 2007/11, but otherwise the fridge was bare, as in NOTHING. the mattress and bedsheets need to be destroyed because of the stench.

long story short, the tenant brought the police over to try and gain access, but we however told them that without a warrant they will not be allowed since we need to protect ourselves as well. luckily for us the tenant does not have money to take things further and has opted for the "easy" way out by removing himself from our property. we were lucky


Sounds disgusting. How can people live like that ???
 

CathJ

Expert Member
Joined
Nov 2, 2005
Messages
3,878
Sounds disgusting. How can people live like that ???

It does sound disgusting... but I also find it disgusting that because he was late with his rent for one month they went through his things. And then relied on him not fighting for his rights.

I understand you have to protect yourself, as a landlord, and it does sound like he wasn't maintaining the place properly, but that doesn't mean you can just go in there and go through his stuff and remove all the furniture that you are required, by the contract, to provide.
 

xrapidx

Honorary Master
Joined
Feb 16, 2007
Messages
40,312
It does sound disgusting... but I also find it disgusting that because he was late with his rent for one month they went through his things. And then relied on him not fighting for his rights.

I understand you have to protect yourself, as a landlord, and it does sound like he wasn't maintaining the place properly, but that doesn't mean you can just go in there and go through his stuff and remove all the furniture that you are required, by the contract, to provide.

Huh? If it was me, I would of done worse, tossed all their crap out on the street...

He is required by contract to provide furniture, and the other guy is by contract supposed to pay his rent - which he didn't do.

I actually would of sold anything of his worth while to cover the rent.
 

ant101

Well-Known Member
Joined
Feb 18, 2005
Messages
268
It's your flat and you worked hard to get it, don't ever forget that.

My one tenant was a week and half late with rent, and then the next month he short paid by 700 bucks. (only!)

I promptly handed him a long letter stating that I had bond commitments and can not afford late or short payments, please vacate by 12pm next week, else your items will be left outside the flat, and I'm not responsible.
It might not be 100% legal, but a deadline is a deadline, and theft is theft.

Take the hardest line possible, the results pay off.

I've heard horror stories of people being 6 months in rental arrears!!
That's bullocks, it should never go that far.
Rather let them go to a lawyer for you "being hard ass" than you pay for a lawyer first.
They can always go live with family or friends, or make some other plan, its really not the end of the world for them.
 

Frankie

Executive Member
Joined
Jun 21, 2007
Messages
5,785
It's your flat and you worked hard to get it, don't ever forget that.

My one tenant was a week and half late with rent, and then the next month he short paid by 700 bucks. (only!)

I promptly handed him a long letter stating that I had bond commitments and can not afford late or short payments, please vacate by 12pm next week, else your items will be left outside the flat, and I'm not responsible.
It might not be 100% legal, but a deadline is a deadline, and theft is theft.

Take the hardest line possible, the results pay off.

I've heard horror stories of people being 6 months in rental arrears!!
That's bullocks, it should never go that far.
Rather let them go to a lawyer for you "being hard ass" than you pay for a lawyer first.
They can always go live with family or friends, or make some other plan, its really not the end of the world for them.

I wouldn't normally condone illegal acts, but I'd do exactly the same because the legal route is heavily biased against the landlord and far too easily exploited by the bad tenants.
 

Dolby

Honorary Master
Joined
Jan 31, 2005
Messages
32,630
I'd do the same as well.

The thing is I rely on my rental income for other payments. If they mess me around, I can't live correctly and I will take action of some sort as soon as possible. The only thing is I don't know what 'as soon as possible' actually is.

In my case, I waited 2 weeks before deciding to take it further. Luckily, he did pay - but I am very weary of anything in future.
 

xrapidx

Honorary Master
Joined
Feb 16, 2007
Messages
40,312
Phone him - saying this was unacceptable, and you won't tolerate it again - tell him you have expenses too, and he doesn't pay, your debtors start phoning you, which isn't fair.

Be careful of putting anything illegal in writing, its evidence.
 
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