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Bad tenants needs to be removed fast.

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  • Bad tenants needs to be removed fast.

    We've had 2 bad tenants in a row and know how difficult it is to get rid of them. Months of worrying about the property, verbal abuse and threats went on. Landlords cannot say any bad words to the tenant, but tenant can do (verbal abuse, bullying, threats, racial slur). After they move out, you find the damaged property. There is no 'fast' way to get rid of them. Tenancy hearing takes long in this kind of urgent cases or in some cases, they decided just to 'mediate', which does not help. We used 90day notice, but it was just too long and painful experiences that we do not want to go through ever again.



  • #2
    You don't have to accept mediation, but can go straight to a hearing. 90 day notice should include the words 'or sooner if ordered by the Tenancy Tribunal'.

    Threats - go to the police, then to the TT to fast track eviction.

    There is a lot of expertise on this site for these circs. Some will no doubt be along soon ...

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    • #3
      What is a bad tenant – certainly mum’s darling! But not mum’s darling is the problem. The rental system prosecutes people in one case but the other way around is tolerated. Opposite for LL how many unlawful actions and penalties for tenants are supported by the RTA? For instance after tenancy proceedings have started, what stops tenants to cumulate further debts or vandalize rental homes? Or do tenants pay interests on unpaid debts and does the bond system work for landlords?

      If the landlord has the guts fighting through the tribunal process and finally obtains an Order of Examination, he still might end up “robbed” and empty handed. E.g. a former tenant changed from employment to contract for the same work and avoided all payments.

      Speeding up the process is like purchasing a race car without access to race track. The race course is a slow, one-sided rental system that not even provides sufficient help that the bailiff is able serve documents because departed renters’ new address is a matter of privacy. Applications for releasing the new address of service cause more delays and normally fail at court and tenancies services.

      Landlords want to manage risks by getting the “bad tenants” out – that conflicts with GOVT’s strategy to deal with homelessness. The proposed changes to the RTA give tenants get all rights to fight off reasons for a given 90 days notice, take control over a property without sacrifices, responsibilities, liabilities or financial means. Speculation is whether RTA changes for passing on the social crisis onto landlords can work or not.

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      • #4
        From my experience if a tenant starts to threaten you or your family it is pretty easy to get them out on that.....
        Fraser Wilkinson
        www.managemyrental.co.nz
        Wellington / Lower Hutt / Upper Hutt / Porirua

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        • #5
          I haven't been here for quite a long time and wanted to ask something, then, I found my own old post.
          We asked for hearing from the first but did not get it, instead we were offered mediation.
          We even had a biased mediator who realised during the mediation that our case had to go to hearing!
          It took some time to go to hearing and were told by someone that it was not usual. Usually, the hearing would be sooner.

          Anyway, I seem to have been a bit traumatised by these two bad tenants and have been very cautious of looking for new tenants.
          I moved my other good tenant to this property with way lower than market rents and keep her there because it is above her affordability.
          And at her previous place, I have a nice couple.
          However, even with her, her temporary long term guest punched the wall and we are going to check it tomorrow.
          We were informed by the court that we were the victims! What victims? We thought.
          The tenant called the police and that's how we were contacted by the court.
          The tenant did not say anything to us about the incident. When I asked her, then, she said what had happened and she'll have it fixed.
          She would, but we don't know the quality of the repair that will be done and how big the damage is, yet. So, it'll be tomorrow to get to see this.

          I feel really sorry for the good landlords who have to go through really bad tenants that they won't be able to remove them at once. We couldn't and had to wait for 90 day notice. In the meantime, the bad tenant can do anything they can. It was hard enough to remove them then and it seems it is going to be harder to remove the bad tenants with all the new regulations.
          Last edited by nano; 10-09-2020, 08:33 PM.

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          • #6
            Perhaps there's a business opportunity here for some devious sod[s]?
            A break-a-rent crowd, aimed at bad tenants?

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            • #7
              What if I told you that you don't have to choose between 5 bad tenants. You actually own the property, you get to say who lives there. If you want it filled the day after you evict someone, then you are forcing yourself to pick the best of a bunch of rotten apples.

              I always manage to get the best tenant in the rental pool, simply by waiting, and screening. If some random person enquires for a viewing, I ask them to tell me more about themselves. Many will shoot themselves in the foot when given the chance. One last week told me all about how he got his ankle bracelet and how he was just "misunderstood". You wait. You check people out THOROUGHLY. Then one day, you get an email from a manager of a top 50 company, driving a brand new vehicle who says he will be happy to pay 6 months in advance. OK, so it was vacant for a month. But I have no concerns whatsoever for the next 6...

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              • #8
                Puhleeze (please) don't tell FarGoneBoy and his socialist pals that.

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                • #9
                  The ability to screen tenants has been removed.
                  The existing tenant just nominates their mates.
                  Then what can you do?
                  The three most harmful addictions are heroin, carbohydrates and a monthly salary - Fred Wilson.

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                  • #10
                    Nonsense. There's no law requiring you to provide a viewing to every person who emails.
                    There's also no law requiring you to give a lease to anyone who views that you decide not to allow to live there
                    Last edited by crashy; 18-09-2020, 11:18 AM.

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                    • #11
                      Originally posted by crashy View Post
                      Nonsense. There's no law requiring you to provide a viewing to every person who emails.
                      There's also no law requiring you to give a lease to anyone who views that you decide not to allow to live there
                      You should go and read this post and those below and related.

                      Comment


                      • #12
                        Apologies but almost similar situation

                        How do you deal with a tenant who are good, pay rent and look after the grounds but live very untidy and messy inside.
                        On last inspection , the kitchen sink was piled up, boil up fat in the sink (and the smell!) The issue is all that messiness, windows shut, stuff everywhere, if left for months, mold and mildew causes serious health and property damage.
                        I have a very bad feeling about the state of the house in next 12 months time, they have only been in there for 4 months , unfortunately I did the inspection closer to the 21 days of Fixed notice period.

                        I can always have a chat ,,how will you approach this , can habits be changed or its a trap for life
                        Last edited by BlueSky; 19-09-2020, 11:14 PM.

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                        • #13
                          Is there a dishwasher? Ventilation system? Insinkerator? If not this tax year might be the time to add these and a basis for that chat along with a quiet run through of the inspection report (good and bad) and consequences for health especially but also damage to the home and drain.

                          You could also hand over printouts from the Tenancy Services website about responsibilities for mould and dampness.

                          And consider an incentive if they pick up their game for next inspection. $100 for a small but nice hamper of goodies and a card goes a long way. Just make sure they realise it's a one off!

                          ETA would pay to check sink and shower drainage rate when inspecting.

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                          • #14
                            Yes i have all those. Its basic things dripping water on carpet /tiles while walking across to sit on the coach , not bothering to wipe it, those new carpets cost me a lot.
                            I am just wondering if I am better off parting ways.

                            Some choose to live that way, I have seen it before, apart from visiting their previous tenancy bfore signing them up, what else can you do ?

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                            • #15
                              Originally posted by BlueSky View Post
                              Yes i have all those. Its basic things dripping water on carpet /tiles while walking across to sit on the coach , not bothering to wipe it, those new carpets cost me a lot.
                              I am just wondering if I am better off parting ways.

                              Some choose to live that way, I have seen it before, apart from visiting their previous tenancy before signing them up, what else can you do ?
                              Sounds like you are better off parting ways.
                              They won't change their behaviours and you will get more annoyed.

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