Bad Tenants? Here’s What You Can Do

Managing a property may seem simple enough, and sometimes you may not see the value in investing in a good property manager. However, when things go wrong, having an expert efficiently deal with the problem can save you hours of stress, time and money.

What can go wrong with your tenants?

Some common issues which can take place include:

  • Tenants stop paying rent
  • Tenants stop paying water consumption
  • Tenants damage your property
  • Tenants don’t take care of your gardens
  • Tenants don’t keep the property clean
  • Tenants use your property for illegal purposes
  • Tenants cause a nuisance to neighbors
  • Tenants breach strata bylaws
  • Tenants have an unauthorized pet
  • Tenants sublet your property

What do you do?

Rent Arrears

If the tenant stops paying rent, there are two courses of action you can take – one is quick, one take’s a little more time. The quickest way to evict for non-payment of rent is to issue a 7 day termination notice. This gives the tenant 7 days to pay all their rent arrears or vacate. If they do pay, they have the right to stay on in the tenancy.  If they do not pay all of their arrears or do not vacate, you can apply to the Magistrate’s Court for eviction and termination of the lease.

The alternative option is to issue a breach notice for non-payment of rent, giving the tenant 14 days’ notice to pay all their rent arrears.  Should they not pay, you can issue them with a 7 day notice of termination. If they do not vacate, you can apply to the Magistrate’s Court for eviction and termination of the lease. This method allows you to apply to court, even if they do pay their rent. It is particularly useful for repeat offenders.

Other Tenancy Breaches

All issues, apart from rent are dealt with in a similar manner. The tenant can be issued with a breach notice, giving them 14 days to rectify the breach. If the tenant does not fix the problem within the 14 days, you can then issue a notice of termination, giving the tenant 7 days to vacate. Should they not vacate, you can apply to a magistrate to make an order.  This can include eviction or costs to remedy the breach.

How long does it take to evict tenants?

Depending on your local court jurisdiction will depend on how long it takes to receive a hearing.  As a guide, it will normally take 4 – 6 weeks after court application.  This means that the time from your initial notice to court appearance can be anything between 5 – 9 weeks.

How can a Property Manager help?

When things go wrong, as a landlord, you could be without rent for several months.  Therefore, it is essential that all notices are issued correctly and in a timely manner. One wrong date or missing signature could result in you needing to start the entire process again and landlord insurance may not cover you for loss of rent. Utilising the services of a property management expert is vital when things take a turn for the worse.

If require any help, the team at Blackburne are happy to offer free advice. Put your property in a safe pair of hands. Where things have gone wrong, we can assist in taking away the stress from landlords.