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VIC Troublesome Tenant - What to Do under Property Law?

Discussion in 'Commercial Law Forum' started by Naw, 3 November 2015.

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  1. Naw

    Naw Member

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    Hi there I have big problem with my tenant. I sublet my house to him because the agent allowed me to sublet, so it's not a problem with my agent. The problem is that the tenant is not paying rent. It's been a month and he didn't pay the bond in the beginning as well. He kept delaying to pay me the bond.

    Before renting him a room, he lied to me and told me he was a student from my uni. He is kind of a bully and he doesn't care about anyone at home, playing loud music, bringing the pet inside the room and damaged the room door. I want him to leave but he said he is not moving out before he gets a two weeks notice, so I sent him an eviction notice and told him to leave by 8 Nov.

    What if he doesn't move out by 8 Nov? How can I get the rent he owes me and money for the damages he made under Property Law? I have no idea how to deal with this person. Please help me.

    Yesterday I tried to talk to him and he asked me to talk with him at 11o'clock the next day, then he rudely slammed the door. I waited for him then I received a text from him telling me that he is sick and he can't talk with me until the next morning.

    What should I do about this trashy man?
     
  2. Sophea

    Sophea Well-Known Member

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    If a trashy man rents a room from you and the door is lockable or he rents a discrete part of the house, he may be regarded as a tenant, which means that he has tenancy rights. If he does not have exclusive possession of an area of the house then he is simply a licensee and does not have tenancy rights.

    If he has tenancy rights, then you are effectively the landlord and must adhere to the processes prescribed for dealing with tenants. This may include giving him a notice to vacate, however it is recommended that you try to come to some sort of resolution with him first.

    You can get a form for the Notice to Vacate here: Rent arrears - Consumer Affairs Victoria

    Also check out section 2 (pages 4 and 5) of this article on VCAT https://www.vcat.vic.gov.au/sites/default/files/field_video_transcript/taking_it_to_vcat.pdf
     
  3. Naw

    Naw Member

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    Hi Sophea , Thanks for your help! I told him to move out by 8 Nov. What I'm worried about is what if he doesn't move out on that day and give me nonsense excuses. Can I get rid off his stuffs from his room and change the lock?

    I'm saying this because he's always avoiding me. If I tell him that I wanna talk to him, I can only text him the message, and he doesn't even pick up my call. I really want to disclose his information including his driver licence so other people won't have such a difficult time like me. He really needs to be punished by the law. I think he knows all about the laws, that's why he doesn't care about the police or anyone else. He is just playing with law and avoiding the rents and the damage he made.
     
  4. Sophea

    Sophea Well-Known Member

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    This is why you need to follow proper procedure - if you serve all the correct forms etc then you will have grounds to go to VCAT and get an order for vacant possession. Has he paid anything at all to you in terms of rent or bond?
     
  5. Naw

    Naw Member

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    No he hasn't. When I mentioned about it, he didn't listen and let me finish my sentence. I already sent him a vacate notice and he said he will leave by the date I tell him, but didn't give me a clear answer about the bond and rent together plus the damage he made. I've never seen a more irresponsible person like him in my life .
     
  6. Sophea

    Sophea Well-Known Member

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    You can probably try to take him to VCAT or the Magistrate's court to recover the debt that he owes you but it will be a lot of work getting evidence together of the situation since you had no written contract or anything, and may be costly. You would have to determine whether its commercially worth it to pursue the money.

    Usually the first step in recovering a debt is writing a letter of demand, you should do this, however based on his previous responses I am doubtful he would respond. It is however an easy step you can take and is worth a shot. I usually include something to the effect that "you have until X date to pay the monies by X method, failing which I reserve the right to institute court proceedings to recover the amount in damages."

    Check out this article: How to Recover a Debt - Useful Tips - Legal Blog - LawAnswers.com.au
     

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