Sublet tenant not paying rent and not moving out! HELP!

Dear Ozbargain,

I have moved out of my previous apt and have rented it to my friend out of kindness as he was apparently looking for temporary lodging. That was more than 6 months ago and my contract had ended roughly 3-4 months ago. I have not renewed the contract but I cannot terminate the lease either as he is refusing to move out saying he is homeless and broke. This is a studio apartment in the city centre which is costing me $350/week and he is only intermittently paying very small amounts of rent. He is also trying to borrow money from me and becomes threatening when I refuse.

I have been paying most of the rent for the last 6-7 months and unable to evict him as I am technically breaking the rental agreement by subletting the room. I am at my wits' end and welcome any feasible plan of action.

I thank you in advance for your advice!

Comments

  • +58

    with friends like this who needs enemy's!.

    • +7

      +1

      If you have a contract with tenant, that he pays you $xxx / week,
      just add up the amount now owing, & give him written notice, eg:

      • Re: Our Contract ($xxx / week [ + half of utilities ], for accommodation already provided & currently (but tentatively) being provided

      • I hereby demand payment - within 2 weeks - of all monies owed.

      • If payment-in-full is NOT received by <date>, then you - <local law/clause citation> you are hereby advised that you must vacate your portion of the premises.

      • If you have already made payment - in the above amount (in full) - you may disregard this letter.

      Send the above by Certified Post, & get a Receipt of Delivery to the person you have the contract with.

      Of course, secure your valuable, be prepared to change locks on his room, keep copies of correspondence (do not discuss this verbally; insist that tenant reply in a signed, written letter, addressed to you.

      Of course, contact your applicable Landlord's-Tenant dispute agency for advice; you may find forms there, to make all this simpler.

      I'd say: To protect your Lease, leave out the address of the accommodation, in which you provide(d) tenant room(s).

      The focus is on the agreement, which you say has been broken, to pay (be sure you can show he's paid - in earlier months - per that agreement, to establish amounts & due dates.

      If he somehow finds & pays you all $$$ owed, formally RAISE his rental, a reasonable amount, to encourage him to quit the contract; keep bond to the extend of any unpaid rentals + any damage done.

      Keep any / all conversations formal & professional; no name-calling, etc. You want your $$$, & you'll be happy to receive it, on or before the date in your letter to him.

      Do not discuss what may or may not happen after that heppens.

      Don't argue. (Include a copy of your record of tenant's paid & unpaid rentals, with dates of payment, in your initial letter.)

      Include a copy of Tenant's Rights & Responsibilities (from the agency cited above).

      PS IF none of the above wins you all back rental, sue him in small claims court, formally collect when you win the case, if he doesn't pay.

      At each stage, inform - in writing - what you intend to do, ie, in case payment is not received, in full.

  • +11

    call the police.

    • +7

      Agreed.

      He is also trying to borrow money from me and becomes threatening when I refuse.

      This is called extortion, it is a pretty serious crime. The police won't really give two hoots about your subletting woes, but they will be very interested in this.

  • +27

    I suppose it depends if you want to keep this so called friend as a friend. He has to go out of the appartment sooner or later right? Invite him to the pub, your shout, once he leaves throw his gear out the door, switch the locks and when he comes back call the police. Or even better hand in your 4 weeks notice now and do that in 3 weeks time.

    • First, send the demand letter, get receipt of delivery back & - if no payment is received - sue, win & (formally) collect.

      (You might get lucky here, eg, if he happens to inherit $$$.)

      Next, have locks changed & bring together copies of all documents (so you can show them to police, if you need to, later).

      He should be able to find a shelter, near you both live or far away; so, to be a friend, maybe leave a list of such places for him. You can do no more, this far along, from what you rtell us.

  • @fishandchipss …..Regarding the contract you mentioned; is that a contract b/w you two regarding sub-let of the apartment?

    • @cim85 there is no contract between us. The contract that I was talking about is between the agent and myself. I just don't know where and how to start.

      • +3

        I think you'll find that you have a contract, especially if you received periodic payments f9or early months.

        A verbal agreement is a contract if one has begun to pay for & receive what that contract dealt with.

        Try to find & copy (or keep) some proof that he lived there (eg, discarded posted/cancelled envelope).

  • +9

    I'm with cypher67. Give notice now, change the locks when he's out. Even if you lose your bond for subletting, it's got to be less than 6 months' rent.

    If he's not paying rent and you don't have a written agreement with him, that makes him look like an unwelcome guest rather than a tenant.

    • +4

      Yeah unless you have an agreement with this "friend" then he is an unwanted guest and you could call the police now to kick him out, if you have a contract with him it's a different story. Also he doesn't seem like much of a friend, putting his probables onto you to this extent

    • I suppose this lock changing plan is 100% dependant on the OP having kept copies of the keys, if you handed over everything … your in a new world of trouble

      • +1

        He doesn't have to change the lock but doing so makes sure the "friend" stays out. Tbh I think getting the cops involved will scare most people enough because if he decided to come back regardless of if he has a key or not it will be trespassing, Technically he is trespassing now.

        But I reckon the Cops should be last resort

        • No such thing as trespassing if you invited someone to stay in your house for an unspecified period of time.

        • @OzzyOzbourne: But after you have asked them to leave it is

      • +2

        Locksmith.

  • +12

    He doesn't sound like he's worth keeping the friendship.

  • +1

    Hi everybody, thank you very much for your input. Police is definitely the last straw. Will the police cover such matter? Anyone has any idea what the property agent can do for me as well? I am trying not to make it too ugly as i still have to face this person at work.

    • +4

      call in sick and have someone change the locks for you so it's done quickly, then play hardball with your friend, how is he broke if he is at the same workplace as you?

      • +5

        My guess (without being to harsh) is some kind of habit or just not good with money, you'd be surprised how wastefully some people can be with money, not everyone thinks like the great Ozbargainers

    • +5

      I'd be up front to this person. Tell them your losing money and they need to start taking responsibility for themselves. Your handing in your 4 weeks notice and that they need to find alternative living arrangements. Your not a charity. If they crack the sh!ts tell them if they dont play ball you will seek damages for the out of pocket rent that they didnt pay and contact the police as you can prove you live there and they cant, squatting in NSW is illegal. They are hanging guilt over your head but they have far exceeded any friends welcome and everyone will see that.

    • This is a bit tricky actually.

      If the tenant doesn't leave then it is up to the agent to kick them out. You are the tenant as in the contract, but you will probably also be responsible for everyone else who is staying there. If your friend doesn't move out then the agent will be on your back and you will be the one in trouble for not vacating the property.

      You should talk to the agent and ask them to try to get your friend out and let them threaten with the police.

    • +4

      I am trying not to make it too ugly as i still have to face this person at work.

      Too late, it's already pretty fugly…

      Have a quiet word with your employer about your intentions, just so that they know up front that there may be some animosity, the reason for it, and that you're not to blame…they might even be able to take some steps to minimise the unnecessary contact between the two of you…then set about protecting your interests as best you can, starting with legal/police advice.

  • +3

    Hire some bikies to evict him and stand guard while you have someone change the locks and throw out his stuff.

    • +1

      Expensive yet I'd imagine effective.

      • Hey, this is OzB, nobody here likes to pay too much for services or to get things done. ;-)

        A paper-chase solution may take some time, but its cheap & effective, mostly risk-free (unless tenant has a violent-streak, in which case, no reason to rattle his chain, IMO)

    • Bad idea… if any of them injures the person (think: law suit) or any new damage is done (think: cost, the tenant won't pay for), you stand to lose.

      What you DON'T need is a bikie on <drug> to make a mistake…

      Just do the eviction on paper, so you'll seem like the reasonable party to the dispute, ie, just trying to collect back rent & end a bad tenancy, eg, if you have to go to court.

      (Bring in "baddies" & you could look "bad" by association & worse, if he gets injured or damage is done… so don't do that.)

      Just be patient with paperwork… & reasonable, at each paper-chase step in the process.

      • You obviously haven't dealt with bikies, deny deny deny.

        Anyway, I'd definitely stake out the place, change the locks when he's not there. Have all access revoked and tell the owner what's going on. You screwed up by not getting owners approval, it's time to come clean before he damages the place in rage.

      • Lol what? because every bikie is on drugs

    • +1

      What if the friend is the bikie!?

  • -1

    Bikies n blow torches…nuff said

  • +3

    im just scared of these type of people…if u threaten them and call the cops, they might try to pay back (harm you) in one way or another :(

  • +6

    If your lease is now week to week give the agent required notice that you are leaving the property. Then tell your "friend" they have until what ever date to move out as lease has ended. If they stay on it's between the agent and them. Tell agent if they contact you, you don't know who it is. End contact with both parties. It's now the agents problem.

    • +2

      Only problem with this method is you would lose the Bond and the agent could potentially blacklist them and make it hard to find future rentals

      • +1

        Yeah that's possible, you'd have to deny giving the guy permission to live there and argue with them. Unfortunately the OP sounds to be of weak resolve and easily taken advantage of. I'm sure both the agent and the "friend" will walk all over them.

        In the end the OP would have to cut their losses and move on…

  • +1

    What he said ^

    All this blah about giving him notice and asking for money - totally useless. The guy has no money and he doesn't care. He's just taking you for a ride and you need to get out of the car.

    • It wasn't that easy for Jamie Foxx and sounds like it's not going to be too easy for the OP either.

  • +2

    This seems a bit outlandish to me. Even if you default on the rent and the agent forfeits your bond, its still better than paying the rent week in, week out.

    If getting the attention of police doesnt work or isnt attractive to you (why?), then you are looking at trying to obtain a warrant of possession - normally this can be done in small claims/qcat/vcat for a normal lease situation, but they might not want to deal with your situation. If not you will have to obtain one in the District Court…and its not an overnight solution by any means, it takes some time. I would forget about doing it that way.

    To be honest, I would come clean with the agent. Agree to give them a notice to leave, the agent will be entitled to vacant possession once that notice takes effect. Almost all of them have dealt with this sort of thing before and have big, muscular mercantile agents who are used to strongarming people like this.

    No business of mine, but are you new to Australia? I cant see any old joe getting themselves in a pickle like this.

  • +10

    Options some of which have been said already but I'll summarise:

    • Wait until he leaves. Get locks changed. Give agent required 21 days notice.

    • Give notice now, forfeit bond, stop paying rent immediately.

    • Meet onsite with police and locksmith. Evict idiot (he is definitely not a friend)

    Finally, I cannot believe you call him a friend and you have to work with this douchebag. Sounds to me like he is either a drug addict or a real evil person taking advantage of you. I'm not sure why you care what he thinks.

    • +1

      Hes not really just a friend…. otherwise it would be 'ejecto seato cuz'

    • ….. and with option 1, sell his stuff if its any good, and bin the rest. Its yours anyway given it has been forfeited behind in your place for so long.

  • +12

    Wow OP. You've paid thousands in rent for someone who is threatening you and clearly taking advantage of you? You're at your "wits' end", but you still don't want to call police? You must be a saint!

    Is paying out +$18K a year for this tool really worth not making it awkward at work?

  • +7

    How is it possible that you work with this person but they claim to be broke?
    You must be able to gauge how much they are actually taking in.

    If I were you, walk down to your local police station and ask them what options you have. They will hopefully advise best course of action or steer you in the right place. I guarantee this wont be the only time someone at the local police station has seen this story.
    They are there to help you out.

  • +1

    This person must be some real good friend if you have been paying their rent for the past 6-7 months! Call the police already! Time is MONEY!

  • +3

    Can I be your friend too?

    Sounds like you are being taken advantage off, knowing it and letting it happen.

    • -3

      you sound like a swell guy don't you?

  • +6

    why is ozbargain getting all these new members asking us for help in regards of money stolen, cant get rid of landlords etc…

    this is a bargain site!

    call bikies
    ACA/ today tonight
    batman!

    • +6

      call bikies
      ACA/ today tonight
      batman!

      It's a scary situation when the most sensible of those three options is The Dark Knight! ;)

  • +7

    lesson learnt , Trust no one especially when money is involved. Also never go into business with family. Money matters cause dramas

    • This.

      I learned the very, very hard way. Wish I knew earlier.

  • +1

    Make up a fake eviction notice or some letter from the landlord saying you need to be out by a certain date. Landlord could be moving in is a good reason to give notice to tenants. Repairs are also another good reason. Whatever you think work try it to get the result you want without jeopardising a relationship etc.
    This has worked with housemates where it's easier to tell them the house is closing up after trying to talk or get them to cooperate like normal people would.
    Sucks they had to be like that with you. Hope it works out soon enough with whatever solution you try.

  • +3

    I'd be worried about him doing you physical harm in your sleep.

    Pull him up and tell him to pack his stuff and head for the nearest bench to sleep on.

    If he gets aggressive call the police, they will remove him and serve a temporary protection order. If he returns he will be arrested and thrown in jail.

    Done.

  • I find it difficult to accept that the OP is willing to foot the bill for an aggressive, threatening person to the tune of $18-20,000 per year, yet has not at any stage over the last seven months seen fit to pick up the phone to or set foot on the premises of anybody who might conceivably be able to help, like the police, a community legal centre, or any property lawyer who could properly explain his/her rights for a fraction of what he/she has already forked out.

    Sorry if this sounds harsh, but I struggle to believe that anybody could be that naive and foolish. It is so implausible that it would not surprise me to learn that the whole thing is made up.

    • They exist. Something kind of similar happened to a friend of mine - didn't breathe a word of it to anyone until they had a breakdown from anxiety because they were wishing it would all resolve quietly on it's own. It depends on the nature of the person, and also if you haven't done it before finding legal aid or going to the police can be very daunting for some. I can name a couple others out of of my own friends and family that would probably get themselves into this very situation and not take any official action, so I feel for OP.

      It just so happens in life that the people who are easy to be taken advantage of their kindness are found by those who trample on others easily. They know what they've found and see it as a goldmine. I have had family do this to family so it is very possible, I assure you.

      I guess to explain, it would be something where you've tried to be nice and bent the rules a little for someone. It's not a great feeling when you have tried to do a good thing but end up becoming the victim but you know if you try to fix it there is a looming punishment for you for having done this in the first place - and in reverse of how you are thinking, cannot understand how people can be so terrible.

      I can't say how OP feels but he/she is probably struggling with being trapped in such a bad situation. Waiting seems like it may help as it would be the 'easiest and best way out if things just played out well' but at the same time gets worse as nothing changes.


      I hope you are able to find a solution OP. I advise you at least ask advise from police regarding your situation even if you don't want to get them out there. This way you will at least know how they will judge your situation.

  • +1

    Sounds like he is your friend only as long as you keep serving him these freebies.

  • -2

    I think your friend might have greater issues than what appears on the surface. I strongly believe people don't behave like that if they could help it especially if you have been kind to them all along. Take one more step and try to find what the real problem is. Help your friend in anyway so that he is able to start repaying you and get back on track. You may relocate him to some place cheaper to lessen the burden until things improve.

    • +7

      "I strongly believe people don't behave like that if they could help it especially if you have been kind to them all along. "

      Oh boy. I like the rainbows and ponies attitude to life, seriously, you're probably a nice person. Just be prepared for all illusions to be shattered when financial or shared accommodation issues come up.

      To the OP. Get out of the situation asap. You're never going to get any money from him, and making it a legal case won't help - one thing the police make it clear is they are there to stop crime, not to get your money back.

      You've been completely stupid. Too late to fix this, just get out with minimum damage. Tell him you can't afford the rent and you are giving notice. Give your four weeks notice. Show him the letter and confirmation from the landlord/agent so he knows you're not lying to get him out. Find a place. Start moving stuff out asap. Start with essentials like fridge and appliances and TV, so he loses things he has taken for granted and begins to realize it's actually over. Don't tell him your new address. Ask for his keys back the day before you are due to return them. Get ALL your stuff out asap - he is more likely to move out and find another 'friend' to take advantage of when he realizes it's all over. He sounds like a person who will take advantage of you as long as you remain a pushover, but also knows everyone has a breaking point and there are plenty of other naive people like you.

      With any luck, not wanting to get in trouble with the police or landlord, he will move out too. Delete his phone number, block it, block his emails. Ignore him at work. Try to get a new job if your current one isn't that awesome.

      No animosity. No arguments. No recriminations. Keep calm but stay firm. Minimize communication. If he pleads / persuades, get out of the house for a bit. In fact minimize the time you spend at home.

      At some point you will go from the soft wooliness to hating his guts. Just get out. Nothing you can do to him will make things better for you.

      tl;dr GET OUT

    • I can see where you're coming at since we don't know enough of the situation but I feel OP has helped more than enough already, none of which was (most likely) ever OP's responsibility and none of which deserves aggression.

      The friend may have issues but doesn't deserve to be a friend any more at this point in my opinion and doesn't deserve as much as he's received already. At the very least the friend should understand just how much additional financial stress this is causing and doesn't sound like someone you can just reason with either. Also if said friend is working it's not like he's in a 100% completely impossible situation.

  • +1

    if the apartment is in your name, so would the electricity and water - without those core services, why would anyone "live" in an apt?

    all you need to do is provide a formal letter to your "friend" requesting immediate vacate of premises 1 business day minimum or if you are kind a week , followed by a call to your electricity and water providers to disconnect

    then followed by lodging a loss of fob/key card / tag into the building which then prevents access.

    done! simple and uncomplicated

    • A lot of clueless gung ho chest beating useless advice here.

      I have dealt with tenancy laws enough to know the OP is on very shaky grounds. He has violated his own tenancy agreement. Plus, by letting the guy stay he has entered into a verbal agreement, and an implied verbal agreement still carries legal weight, where he is 'head tenant', effectively with the obligations of a landlord. With no receipts or any other proof, he has no way of proving what the agreed rent was. Even if he can prove that the friend is behind on his rent, you can't just kick him out - there are legal procedures to be followed.

      Even if you rent from an agent and fall way behind on rent, they can't come and kick you out, or give 'one business day' notice. Also,

      http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owner…

      "You cannot forcibly evict the tenant yourself or take action such as changing the locks or cutting off the water or power supply."

      Forget the ethics and morals and perceived injustice. He doesn't have a leg to stand on legally. He clearly has no idea what this supposed 'friend' could be capable of, but he has already mentioned threats. Get the police involved and it's all your word against someone who is a lot more unscrupulous than you are.

      I repeat, GET THE F**K OUT.

  • +1

    ps: how is he broke if he works in the same office as you do?…

  • +1

    Has he got proof that you have been subletting? If it was all cash and verbal then get the police involved now.

    Ring the local police station, explain that he is there without your permission and that you need to get him removed but fear for your wellbeing. They should assist by being there to throw him out.

    At no point mention to the police that you were subletting, just that you were living in two places and helping a friend out who now won't leave.

    If he does have proof with regular bank transactions etc you might be in trouble.

    • Geez has anyone here ever rented a place or read tenancy laws?

      "If it was all cash and verbal then get the police involved now."

      Verbal agreements are LEGAL ENFORCABLE agreements. All he has to prove is that he has been living there and wasn't there by force - not hard to do if he has been there a few months.

      The police don't come banging in with a swat team to kick out your 'friend' based on a phone call. You need to go to the Tribunal and then obtain an eviction order from a court.

  • +15

    Similar problem with mine about 3 years ago, called police, they came within 2 hours, ask him to leave ( the police give him 2 hours to pack up his stuffs ), the police asked me what was the reason i want him out. i just said " he didnt pay rent and his name is not on the apartment agreement and i want him to leave " and the police just escort him out the building. hope this help

    • -1

      You are damn lucky he didn't have a lawyer and was probably scared of the police. There's not a thing the police would do without an eviction order for someone clearly living there and having keys etc. if they stand their ground.

  • +2

    Call the power/gas/water companies and cut the utilities.

    • +2

      Call the power/gas/water companies and cut the utilities.

      Yes, and go loose with a baseball bat while you're at it, life isn't that different from GTA after all :D

      Or maybe, read this page, especially this bit:

      http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owner…

      *You cannot forcibly evict the tenant yourself or take action such as changing the locks or cutting off the water or power supply. *

  • -1

    Lie your way out. Just simply do nothing. Don't pay a cent and ignore all phone calls from he lease owners and see what happens. They'll eventually force your friend out and you can't be blamed for it.

    • +2

      They'll eventually force your friend out and you can't be blamed for it.

      Yes they will and hell yes he will be blamed for it and he will have a permanent black mark on his rental record and lose his bond and could be liable for compensation.

  • Lie your way out. Just simply do nothing. Don't pay a cent and ignore all phone calls from he lease owners and see what happens. They'll eventually force your friend out and you can't be blamed for it. Tell the agent your moving out and just don't pay or pay the cleanup fees after

  • But seriously, don't trust me any more than other armchair internet lawyers. Go talk to legal aid, a real lawyer or even a smart law student, and they will explain to you in so many words how tenuous your legal situation is.

  • sorry op, I am just confuse, just told your agent you do not wish to rent it anymore (dont mention anything about sub let) and the agent will dealt with him. agent will come to the apartment and kick him out. or you can tell your agent that you went to interstate and ask your friends to take care of the apt and now he dont want to move out. ask them to kick him out

  • Not sure if this helps, but it sends a strong message https://www.youtube.com/watch?v=aIyQn9jRjP8

  • one day when hes out of the house. grab all his stuff and throw it out then change the locks.

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