Evicting Your Tenantâ€¦ When the tenant knows how to play the game
Weâ€™ve all seen the horror stories on A Current Affair where the dole bludging beer guzzling tenant has set up camp in a property, refuses to pay rent and just wonâ€™t budge.Â Even as a property manager, I shake my head wondering how does this happen but experience tells me, it can.
All hope isnâ€™t lost though and for the tenants who think they know how to play the game, there is a little known loophole for property managers and investors.
A tenant must be 8 days in arrears before a notice to remedy breach can be issued.Â If the breach notice is remedied â€“ ie, if rent is paid, the matter cannot go any further.Â A notice to leave can only be issued if the rent arrears is not paid prior to the expiry date of the notice.
The problem lies in the tenants who know that they have 8 days lee-way and continue to play the â€œgameâ€.Â The rent isnâ€™t paid, the breach is issued, the tenant pays 8 days rent, the next day the rent is in arrears again and around and around we go.
What these serial late payers donâ€™t know is that if they have received 3 notice to remedy breaches for the same thing in a period of 12 months an agent can apply to QCAT to have the lease terminated immediately.
If your tenants arenâ€™t serious about paying the rent, you need to get serious about getting them out.