Legal Advice Or Representation Required

[Kaz200]

That wouldn't do shit .

You can not make up your own rules, and if it was challanged, you would have no hope of winning the case.

My lease has stupid conditions like 'must have oil pan under cars', 'must maintain garden', 'no pets' (have since convinced them otherwise & got a puppy hehe, still hiding the cat *cough).. I'm under the impression if we didn't adhere to that then we might be evicted (within legal timeframes) for 'breaking the lease' but I've never really looked into it too much...

Anyway how's it going Al?

[fEkuaR]

just kick her in the face.

[predator]

hire a debt collection agency.. not only the drama with the house is costing you lost money due to solicitors fees, it's also costing you good money in lost tenancy..

if not, just pay the bitch $2k cash in hand and tell her to f**k off, will work out cheaper for you in the end.

[Al]

How does that work Gordo? Not only do i loose money owing but an extra $2k?

We have found an agent that will look after the property and evict the mole. Once she is out we will get the debt collectors involved, may not see the money from her, but she will be black listed and have a bad credit rating.

Our insurance will cover the money lost.

[fEkuaR]

good to hear insurance will look after you. She wont be offered a rental again after this with her background

[Paradizzle]

Hey mate, this situation sucks... she sounds like a nut job. I would be making sure not to go to nuts with insulting her or anything like that.....as she might come back to the property and damage the place once she has been kicked out.

Best of luck with it.

[predator]

How does that work Gordo? Not only do i loose money owing but an extra $2k? confused.gif

well when all else fails.. a cash payment for somebody obviously who probably hasn't got $10 to their name might be a suitable enhancement to get her out ASAP -- allowing you to get paying tenants. It also allows her to go find another property as it's probably a small fortune to her, and in her mind think she can make a fresh start.

If your insurance is covering it anyhow, why so worried?

[mr_crust]

what do u mean Al? of course its legal to write your own contract to a house you own and your renting out. Why wouldnt you be able to add conditions to it, you own it, so you decide what rules you want to create, so long as they agree and sign the lease with these conditions attached, its a legal document.. my folks have a few homes and we have that written on all of them.

\also a mate of mine only went through this 3-4 months ago, and he stated on the contract that if they failed to pay within a 4wk period they must leave the premises, and this stood up, and the tenents were evicted.

there is no reason you should have to have a property working at a lose and for you to put up with it.

Edited May 27, 2007 by mr_crust

[Hillzy]

What a crazy bi**h. I really hope it all works out for you Al, theres nothing worse than dole bludging single mum moles, raughting the system. Makes me so freaken mad! Get the physco out

[eMsta]

whats the outcome Al?

[Al]

Finally got possession of the property about 1.5 weeks ago.

The inside has been trashed to the value of $12,000 (Only $8300 covered by insurance)

We're $2500 down in lost rent (just found out not covered by our insurance policy)

Now doing the big clean up and repair, so still loosing rent.

The courts must have forgotten the meaning of justice when writing the residential laws

But this bitch hasn't heard the last of me yet, i assure you

[ish]

good to hear insurance will look after you. She wont be offered a rental again after this with her background

it wont matter ... people like this plead homeless because of an incident like this and end up in newly built commission houses paying 50 bucks a week. Which was probably her plan

[eMsta]

Finally got possession of the property about 1.5 weeks ago.

The inside has been trashed to the value of $12,000 (Only $8300 covered by insurance)

We're $2500 down in lost rent (just found out not covered by our insurance policy)

Now doing the big clean up and repair, so still loosing rent.

The courts must have forgotten the meaning of justice when writing the residential laws

But this bitch hasn't heard the last of me yet, i assure you

f**k man...sorry to hear that....thats one of the concerns I have when buying investment property...and specially seeing the state some rental houses are left in, you just sorta think like "what the f**k is going on with people these days"

it just f**kin sickens me that people have no respect for other peoples property and specially in cases like this, if there was no places to rent, she would have been on the street.....

[ferni]

Finally got possession of the property about 1.5 weeks ago.

The inside has been trashed to the value of $12,000 (Only $8300 covered by insurance)

We're $2500 down in lost rent (just found out not covered by our insurance policy)

Now doing the big clean up and repair, so still loosing rent.

The courts must have forgotten the meaning of justice when writing the residential laws

But this bitch hasn't heard the last of me yet, i assure you

That's f**ked - why is insurance only covering part of the damage? And why aren't they covering lost rent?

[Al]

Insurance only covers malicious damage, everything else (neglect, filth, "accidental" damage [their discretion], etc) is not covered and is deemed a "bond" issue. Hard to explain in writing: some of the damage done by tenants is not necessarily "malicious damage", but damaged none the less and the bond is supposed to cover this (eg: broken cloths line, torn fly screens (by pets), broken lights/switches, etc.). I wonder if i could find a potential tenant who is willing to pay a $4000 bond (for a $950/month rental property), it's just not possible .

Lost rent was described in the insurance booklet, but it did not state that it is an option that must be stated upon taking up the policy, nor was i asked if i wanted it when we signed up. So we thought that everything in the "Landlords Insurance" booklet was covered.

To be honest, apart from the "lost rent" issue, the insurance has been pretty good, as they agreed to cover the costs to replace all the carpet and repaint the whole house (internally). They could have easily been tight and stated that the lounge carpet would be replaced and the bedrooms would only be cleaned, also not all walls had holes and the insurance could have covered just the affected walls.

[Sass]

f**k man...sorry to hear that....thats one of the concerns I have when buying investment property...and specially seeing the state some rental houses are left in, you just sorta think like "what the f**k is going on with people these days"

it just f**kin sickens me that people have no respect for other peoples property and specially in cases like this, if there was no places to rent, she would have been on the street.....

dont rent to them in the first place...

[Sass]

glad to hear there has been some change Al and you at least have possession and a bit of $

[Al]

Thanks Sarah.

It's good to have the house back, but my brother and I are out of pocket at least $3K each.

On the up side, our new real estate agent has said she has an old couple that are interested in renting it. They apparently had a look at the property (from the pavement) and are interested to view it once work has been completed.

[Do-Luck]

Al, if you want a hand to repair the lights/switches, let me know. I'll do it for nothing just to help you out because of the situation you were left in.

[Sass]

Thanks Sarah.

It's good to have the house back, but my brother and I are out of pocket at least $3K each.

On the up side, our new real estate agent has said she has an old couple that are interested in renting it. They apparently had a look at the property (from the pavement) and are interested to view it once work has been completed.

just keep in mind it could have been a lot worse - $3k is only $3k, they could have destroyed the house much worse

old couple sounds fairly safe!