I'm glad you managed to get out of your rental agreement! I haven't seen the original post (since you edited it) but I can imagine from the comments above that it was really awful.
Regarding your tenants, not sure if they are in NSW, but if they are, you can serve a termination notice if they are 14 days in arrears. However if they pay up the rent in arrears before the termination notice period expires, then you can't kick them out anymore. Until they go 2 weeks in arrears again and then you have to serve another notice. It's a massive PITA. Tenants have a lot of protection when it comes to these sort of issues. Landlords don't have as much. Do you have landlord insurance?
You can give them notice of termination of the lease just before the lease expires, this gives them between 14 and 90 days to vacate (depending on circumstances) but they can't be forced to leave before the lease term runs out. I assume they are still within their lease term.
Serving a termination notice
If the tenant falls more than 14 days behind with the rent you can serve them with a termination notice, giving them 14 days to vacate the property. The notice must:
be in writing
be signed and dated by you or your agent
be properly addressed to the tenant
give the day on or by which the tenant is requested to vacate
state that the grounds or reason for giving the notice is because the tenant is more than 14 days behind with the rent
include a statement informing the tenant that they do not have to vacate if the tenant pays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord.
Oh there's also this:
Frequent late payers
If the tenant has a history of paying the rent late, you can apply for an order from the Tribunal that the guarantee of the tenancy continuing does not apply, at the same time that you apply for the termination order. The Tribunal can make an order that the tenancy will definitely end, even if the tenant pays the rent they owe. Whether the Tribunal makes such an order is a matter for the Tribunal to decide based on the evidence presented at the hearing. Evidence could include your rent records, reminder letters sent to the tenant or previous applications to the Tribunal about rent.
The minimum period of notice you can give the tenant to vacate is:
14 days – if the tenant is 14 days or more behind with the rent or has committed some other breach of the tenancy agreement
30 days – if the fixed term of the agreement is due to end
30 days – if the premises have been sold after the fixed term has ended and vacant possession is required by the buyer under the terms of the sale contract
90 days – if the fixed term period has expired and no new agreement has been signed.
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09-03-2016 18:54 #21
Vent renting sucks
Last edited by witherwings; 09-03-2016 at 18:59.
13-03-2016 17:14 #22
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