First time landlord with a jerk for a tenant (lease, evict, renters)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'm a single woman who has rented out my (large and lovely) house to a man around 55, his wife, their daughter 23ish, and her daughter 4.
I left some rubbish when I moved, and they offered to get rid of it as they had loads still at their old place. I agreed and offered them $150 off their rent for the inconvenience and cost of trailer. It was left outside, not in the way or inside...actually mostly stuff he'd raked up because he found it too untidy when he moved in.
Next he sms me and says "I am going to dump rubbish, buy lightbulbs, and I will pay you the balance next week".
This is the VERY FIRST WEEK, and he's withholding the rent...even though I had offered to give him more than enough discount to cover all of it.
I didn't find this acceptable and told him so. He called the Tenancy tribunal, they called me, and asked why I hadn't lodged his bond yet. They said I had 7 days to do so and I was breaking the law.
I told them it was only day six (which it was) and furthermore the tenant hadn't paid rent.
Tenant then does a backflip, I'm sorry I'll bank it today.
Fast forward one week. Get an sms from tenant saying "Haven't seen email receipt for bond money can you confirm date deposited thanks".
I actually have spent the bond money, but the rent will make it up in 4 weeks and I'm getting other funds released so no big deal. It was an unavoidable emergency as I became suddenly homeless shortly after this and needed the funds to avoid sleeping on the street, so don't lecture me...I had no choice.
Either way he has a year lease so the bond will not be required for another 11 months...he just wants me to prove I've lodged it (which I can't).
Why would this guy do this? Yes I've broken the law technically but the fine is only $1000, it's not a jailing offense or anything.
I feel like because I'm a single woman he is bullying me. I doubt he'd ask a man out of the blue for "proof" of this lodgement, he would just take his word for it. Even if I have spent it, it's not actually HIM I have to answer to (bonds are held by state govt here by law).
Anyway he comes along quoting subsection 94 of paragraph 9 regarding the fine I might get (his business how?) and I came back at him quoting para. 29 subsection 2 which says I can boot him and his wife and his daughter and his granddaughter and his two dogs and his parrot out in 60 days if I become homeless.
I also asked why exactly he is being so troublesome when the house is perfect?
Does he actually want to be evicted, or is his desire to be the Big Chief Flapping Mouth going to overwhelm him?
Last edited by MsAnnThrope; 01-28-2013 at 11:48 PM..
I've no clue and it's irrelevant. Since you're a first time landlord, make sure you know what you're doing. I still think you should seek legal advice.
I told them it was only day six (which it was) and furthermore the tenant hadn't paid rent.
Tenant then does a backflip, I'm sorry I'll bank it today.
Fast forward one week. Get an sms from tenant saying "Haven't seen email receipt for bond money can you confirm date deposited thanks".
I actually have spent the bond money, but the rent will make it up in 4 weeks and I'm getting other funds released so no big deal. It was an unavoidable emergency as I became suddenly homeless shortly after this and needed the funds to avoid sleeping on the street, so don't lecture me...I had no choice.
Either way he has a year lease so the bond will not be required for another 11 months...he just wants me to prove I've lodged it (which I can't).
Why would this guy do this? Yes I've broken the law technically but the fine is only $1000, it's not a jailing offense or anything.
I feel like because I'm a single woman he is bullying me. I doubt he'd ask a man out of the blue for "proof" of this lodgement, he would just take his word for it. Even if I have spent it, it's not actually HIM I have to answer to (bonds are held by state govt here by law).
Anyway he comes along quoting subsection 94 of paragraph 9 regarding the fine I might get (his business how?) and I came back at him quoting para. 29 subsection 2 which says I can boot him and his wife and his daughter and his granddaughter and his two dogs and his parrot out in 60 days if I become homeless.
I also asked why exactly he is being so troublesome when the house is perfect?
Does he actually want to be evicted, or is his desire to be the Big Chief Flapping Mouth going to overwhelm him?
It sounds like the two of you may be in competition for who gets overwhelmed first.
BTW......How is it they have moved in without the rent being prepaid?
There are many sources to tap into about how to be a successful LL. I suggest you find and read them 'yesterday"
Being a landlord in Australia sounds even worse than what it's like in America. Here, renters tend to be scum of the earth. And our laws are increasingly against landlords.
We sold all our residential properties years ago, because tenants were getting crazier, and the government was even crazier than the tenants. Nobody but active mafiosi and large corporations can make money in a climate like that. Well... there are a few all-white university towns in the Intermountain West where a small landlord still has a chance; but the VOLAGS are destroying those so fast, they'll be gone within this decade.
Most of my hatred for humanity stems from decades of having to deal with scummy/insane/irresponsible/trouble-making tenants. Then again, it made me and our kids far better judges of character than we would otherwise have been. Sizing-up prospective tenants is good practice for sizing-up prospective employees/associates/friends/lovers...
Miss Thrope, I think you will catch on fast.
I'll pass on the Landlord's Mantra: No kids; no pets; no frying food; no cigarettes. It's increasingly illegal to forbid those things, of course... or to forbid pretty-much anything. But a crafty landlord has her ways...
While I agree that being a LL for many many years can leave you with a very bad taste for tenants, most of the laws favoring tenants were put in place to protect them from very nasty landlords.(generally speaking, this applied to urban areas and tenement conditions)
Unfortunately, any law protecting one segment will have an adverse effect on another one.....in this case, both decent LLs and good tenants.
One of the problems here is that the OP is in Australia and most of us are working on at least some knowledge of the US laws which may differ greatly from those in Oz.
He is doing this because you are a first time landlord, have no idea what you are doing, and he is an experienced dead beat tenant, and does.
Since your paperwork seems not to be in order, I'm not familiar with your countries laws, then you have left yourself wide open for this tenant to use the system to live in your house, probably without paying, until they are finally evicted.
If it goes the way it does here.... if you accepted any rent late, the judge will assume that you will take future rent late, so if you end up in court, the judge could very well let the tenant stay and just pay late. You have not correctly deposited the bond where it was supposed to be, and yes that could lead to action against you, or judgement in the tenants favor.
I can only assume that you rented out the place as you yourself could no longer afford it yourself? A more experience landlord, or one with legal advice, would be certain to have paperwork in order, know all the laws and ways a tenant can take advantage of you, and also have about 4 months of money on hand to pay the mortgage on the rental just in case of legal action.
All I can say is good luck. The tenant is doing this because believe it or not, most people are NOT nice people, just the opposite.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
