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  1. #1
    Join Date
    Apr 2016
    Location
    Auckland
    Posts
    48

    Default Can't get tenant out of building - ways to motivate them to leave

    HI
    I have a friend who lives overseas who owns a commerical building here. He has been through a couple of property managers, one left the company, one didn't know what they doing and a series of other issues.
    So the tenant isn't paying rent on time or the full amount, owner has warned them they will not be getting a lease renewal but he thinks they will just keep on staying there. He wants them out. It seems the leasee knows how to play this game to get cheap rent by underpaying. So what is the best way to motivate them to get them out? What if they were informed the building was sold (ie to someone else and original owner buys it back the next day) or any other ways? Unfortunately I don't have any friends who own large motorbikes with patches to visit him.

  2. #2
    Join Date
    Aug 2003
    Posts
    7,653

    Default

    So it's not with a management co? Seems that would be the best way to go, as they would manage the process of collecting rent, communication and so on.

    cheers,

    Donna
    Last edited by donna; 22-04-2019 at 12:42 PM. Reason: removed tribunal as not relevant for commercial
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  3. #3
    Join Date
    Apr 2016
    Location
    Auckland
    Posts
    48

    Default

    Hi
    yes it is with a management co here, but he has been through a couple of property managers, one left the company, one really didn't know what they doing and now the third has to get up to speed. It seems that the current one is also ineffective at getting the tenants out or whatever the issues are with the management companies, I am asking about other more slightly ingenious and quicker ways. I think the lease ends in early May (but they have indicated they intend on staying ?!?!) owner wanted them out last year and have done all the court things with non payment etc and yet they are still there....
    If a property is 'sold' how much notice is required to be given to a commerical tenant to get out?


  4. #4
    Join Date
    Apr 2016
    Location
    Auckland
    Posts
    48

    Default

    I don't know exactly all these details sorry

  5. #5
    Join Date
    Apr 2009
    Posts
    994

    Default

    There is no tenancy tribunal to do with commercial leases.
    You mentioned the lease ends in May. If this is the case then they will be occupying illegally if they stayed on.

  6. #6
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,332

    Default

    Confusing info here.

    Has the lease ended or not?

    Normal ADLS lease?

    If the lease ends in May you can't do anything right now.

    Unless they get 14 days behind in the rent etc.

    To physically get them to move you can do things like change the locks, get security guards to escort them off the premises etc.

    Changing ownership of the property does nothing.
    Squadly dinky do!

  7. #7
    Join Date
    Mar 2015
    Location
    Brisbane Wellington Auckland
    Posts
    819

    Default

    I think it may be easier if your friend posts the details.
    It will avoid incorrect information being posted.

  8. #8

    Default

    The main thing to bear in mind is that it has little in common with residential rentals where getting a tenant out can be a long winded expensive nightmare if the tenant knows the game (I speak from experience as used to own some residential rentals). I've never even met someone whose done this or had such difficulties so I'm no expert it but I understand one is allowed to essentially lock them out, change locks etc reasonably quickly if one follows the right steps. I have seen in passing cases where there is a legal notice posted outside a commercial property and it's clear the tenant has been locked out. Would probably be worth engaging a lawyer and to stop paying the management company if they're not doing the job properly. But as a number of others stated really need more details.


 

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