My tenants have been staying at my property without paying for 2weeks rent ($780) they say I harrass them, by warning them, and they state they know they "know" their rights.. Which I think they are BSing and they think they are looking tough, well we will see whos within their rights when I file a lawsuit.. Whats the easiest way to go about this?. The place is a mess, they've broken every rule in the contract.. Sunday my Lawyer and a few eye witnesses will accompany me to the property.. I feel sorry for the 6 year old son they have.. Bottom line: They are crooks..
2 weeks isn't that much tbh but I really hate people that abuse their rights to be pricks, kick them out some way or another if possible by law.
What is it with arse holes and their so called rights. Just fuck them off. It really is a shame that they have a child though.
I think your lawyers are the best to judge the facts legally. Given enough patience and time tenants can be dealt with according to law. Be aware however that since they are perceived as the weaker party you will have to be quite tactful and graceful when making your every move.
Update: I got off the phone numerous times.. They talked bullshit about law that doesn't exist.. Its actually 3weeks rent they owe.. I am kicking them out Sunday, I however will personally track the next place they try to rent, and the next landlors will be made aware of the scam the are trying to pull.
I can't speak for the situation in Australia, but here in America the law is pretty much "Tenant Wins" if you don't dot every i and cross every t. I'd run everything through your lawyer rather than asking us - especially since you say they seem like the litigious type.
Oh well, I told them.. Seek legal aid by Sunday.. They need to know I take it seriously. I will call a locksmith and remove everything.... But my lawyer already stated that I will win in court.. They breached the contract ( actually.. everything the contract states, they breached ).. So I have all right to reign terror..
just to play devils advocate here, have you asked them about their circumstances? just after the christmas period can be hard for low income families and they often get themselves into deeper and deeper financial trouble with rent/loans etc, especially when kids are involved. If they were finding it ard to meet the repayments but had a valid reason for it im sure that you could have worked something out with them no? unless they are just bad tennants that dont care for or respect the property itself. just my 2 cents
Be gald you're in the states: renters have few rights. Here, it's almost impossible to evict someone if they're paying, and is actually "difficult" if they're not paying.
They are probably entitled to stay for a long time. I would start by turning off the power and if possible. The heat would be a legal issue. I would have their car towed if it's in the driveway. It might cost you a few hundred to fix, but I would consider breaking two windows so you can freeze them out. Of course you would have to do that clandestine.
Depends on the state and lawyer. My friend had eviction notices posted on the door when he was 3 days late in paying the monthly rent, EVEN though they notified the apartment manager about how he'll be paying the rent a few days late. The eviction was put up by another employee because corporate HQ didn't see the rent check posted... But yeah, it can happen that quickly, but each state it is different.
Yeah and then when you kick them out in the states they totally trash your rental. Happened to my grandpa a few times. Went through so much shit with renters he gave up on it and sold the house off.
I was thinking of breaking the windows to get them out, along with the door.. My lawyer said "Go for it".. Although I will leave soon to inspect, but I'm guessing I can get a couple of mates to scare them out.. Or I can always be cruel and call social services.. A kid doesn't need to live in a place filled with shit, get their car towed, as ASSEMbler said. Hopefully it doesn't resort to any of that.. I just want a peaceful eviction tomorrow.. Do have some guys incase it gets a bit "nasty" out there.. ____ Edit: The answer to above about Christmas period... They threw me BS excuses about things.. "I need to pay for the car repairs.." (Great.. Not my problem) "The sewerage needs to be fixed" (Don't have one) "I accepted your offer" (What offer?) "We are packing for Sunday" (Great..) "We will be leaving in 2 weeks" (What happened to Sunday?) God I hate these people.... Next time I will rent to a nice Asian couple.
As you are in australia, I would shut off all utilities. Leave a notice on the door offering them a half month refund before you show up and remove the doors and have their car towed. Give them enough cash to get out of there, and then come in and change the locks and drop a big dog (borrow one) in the empty house for at least two weeks.
LOL. Breaking the windows, having friends scare the tennants out, turning off the utilities etc.. is a bit much considering they've missed 3 weeks rent, especially since they have a kid, imo.
To all you; They trashed the place.. I went there, they denied access. I jumped the fence, opened up.. The place was full of cardboard, plastic, shit everywhere.. Called a few mates who are ready to help throw them out.. My lawyer said, in the situation and standards, they have no chance in court. So I will physically throw everything inside, out. Along with them. FML.
do you think they have just wrecked the place or were they living like that? its shocking the lack of respect some people have for other people property. If they were living like that id get a social worker on the case aswell. I rent a house out too, but where I live you wouldnt get trouble like that LOL