Tenants Abandoned Lease and moved on

[aklsan]

My tenants initially didn't pay rent then damaged property.

Though issued them a notice of paying for repairs and dues. They simply handed over the keys and abandoned lease which was supposed to end next year.

Good that, they are out of property.

If a tenant does, what they have done. What sort of claims can I file in tenancy tribunal court?

Can I claim the rental of remaining months of lease from them too?

Which forum is the best forum to penalize such nasty tenants?

Any help would be very much appreciated.

[jimO]

if they didnt pay rent there isnt much chance of getting anything out of them, your better off without them

[artemis]

First up, read the following:

http://dbh.govt.nz/abandoned-premises

[flyernzl]

File a TT claim.
That will cost you $20
You will get an appearance at the local court, where you can present evidence of unpaid rent and damage.
99% sure your ex-tenants will not show up for the hearing.
You will get a court order saying your ex-tenants have to pay.
You will not get any money from your ex-tenants, despite the order.

But:
When they apply for another tenancy or engage in any other activity that requires a credit check your loss will show up and warn others off dealing with these people.

That will give you some satisfaction.

[aklsan]

File a TT claim.
That will cost you $20
You will get an appearance at the local court, where you can present evidence of unpaid rent and damage.
99% sure your ex-tenants will not show up for the hearing.
You will get a court order saying your ex-tenants have to pay.
You will not get any money from your ex-tenants, despite the order.

But:
When they apply for another tenancy or engage in any other activity that requires a credit check your loss will show up and warn others off dealing with these people.

That will give you some satisfaction.

Thanks for the response Flyernzl. They have stopped answering calls and gone underground. I can see they don't have intentions to pay the arrears. If they don't appear in court too. Can't court enforce it on them?

They may simply refuse to appear and accept they have receive any letter from court.

Spoiling their credit history will not recover money they owe.

[Maccachic]

Could do if they need a clean credit history for a loan of some sort.

[flyernzl]

Can't court enforce it on them?

In your own mind, accept right now that the money is gone.
If through some miracle you do eventually get some or all of the debt paid, look on that as a minor miracle.
All you can expect now is the satisfaction of making life difficult for them if they should want to borrow, rent or apply for a job at some later time.

Any court order is simply a licence to hunt.
All it means is that they cannot deny that the owe the money.
It would be up to you to enforce the order.
Generally, the costs to do so would exceed the amount of the debt.

[Lovethiscountry]

aklsan,

Flyernz is dead right.
Spoil their credit history.
Move on and use your energy going forward.

[Judy001]

Should you go to court you may be awarded costs. If this occurs you can then go straight to the fines department at your local court pay $50 and file an application for an attachment order. Providing you have the tenants names, D.O.B., address the courts will attach that order to their employee who is obligated to take monies form their wages/benefit or salary. I am an Independent Property Manager and if any of my tenants end up in court for whatever reason I do this and it has been very successful. The $50 is added onto their debt. This way they start to learn or at least we hope they do that they will no longer get away with unpaid rent/ damages etc. It may take a while to recoup monies but at least you will get some back and who is bothered that it may take a while - Im certainly not! Some tenants just need to learn. This law only changed last April the first time since 1947! Nevertheless a positive change at least for landlords. About time too!

[aklsan]

Thank you all for your responses. I am surely gone make their credit history bad 'at the least'. Just to teach them a lesson.

[aklsan]

Thanks Judy for the information. I will follow through that.

[flyernzl]

Providing you have the tenants . . . address

. . . and that, as the saying goes, is the maggot in the apple.