Need Advice for Private Rent

• 

  spackbace on 31/03/2016 - 17:12

  +10

  no contract or no agreement at all

  Wow… just wow

• 

  sweefu on 31/03/2016 - 17:16

  +6

  1. You cannot just kick a tenant out of their home.

  2. Not having a formal lease in place does not mean standard tenancy laws do not apply.

  3. As a landlord it is your responsibility to understand the relevant laws, if you don't then you should have used a property manager. Start here: https://www.qld.gov.au/housing/renting/for-landlords/

• 

  QuickToThePointless on 31/03/2016 - 17:23

  +1

  If there no contract, and 'just verbal talking' you can effectively renegotiate on the spot.

  Im guessing it was all cash too? So no bank trail ?

  If so then its cowboy time - no laws in anyones favour…just a bunch of hearsay that cops wont care about ( especially QLD cops) and facts that noone can prove

  Go there tell her to leave and say it was never a permanent arrangement

  Force your way in and just start chuckin her crap on the verge - while doing so make sure you maintain eye contact and dont turn your back or you may get hit or cut if shes a nutter

  The whole thing started dodgy, why not end it the same way?

  EDIT hilarious that you signed up to ozbargain just to ask this question, surely theres better places to get info

  • 

    miarn on 31/03/2016 - 17:33

    Just in case you missed it, OP, this post is sarcastic ;)

    (at least I hope so)

    • 

      QuickToThePointless on 31/03/2016 - 17:34

      That depends on the rent payment method i guess ;)

      Something tells me Op is leaving a few things out here….im guessing its a friend of a friend / distant relative who may be new to QLD or even the country and something has gone sour

      See below - hes just revealed its a cash arrangement so no real laws apply anyway - effectively she has either always been there or never been there

      She may have even skipped town so the dwelling is now empty, or not answering /paying as she is about to do so - this arragnement was always going to end in tears and the whole post is a bunch of bull plop

      OP - either get a close friend to go and check it out in person or get on a plane and see for yourself - Case closed

• 

  miarn on 31/03/2016 - 17:29

  +1

  no contract or no agreement at all. just verbal talking.

  Verbal agreement can still constitute a binding contract. Just because you haven't executed a formal written lease doesn't mean there isn't a contract between you and the tenant.

  now i want to kick her out the house as rent is already due more than a week and can not keep in touch with her.

  Seems a bit rough to kick someone out for being late one week on the rent… any number of things could have gone wrong.

  can I just come to force her out because it is my house and i do not let her in

  Could you explain the situation? Do you live in this house? Did you agree at all (verbally or otherwise) that she would live there? Presumably if she pays rent she isn't a trespasser/squatter…

  can I just come to force her out because it is my house and i do not let her in, i need to change my keys and leave all her stuff out of my house.

  I would definitely recommend against it as you are her landlord. There are other steps you should take first.

  • 

    Ughhh on 01/04/2016 - 12:26

    Verbal agreement can still constitute a binding contract. Just because you haven't executed a formal written lease doesn't mean there isn't a contract between you and the tenant.

    So the tenant could just say to the judge that all rent was already paid, or claim landlord agreed to give an extension.

    • 

      miarn on 01/04/2016 - 12:27

      Yes, they could. Doesn't mean there's no contract.

• 

  airportsydney on 31/03/2016 - 17:38

  thank you all of you.

  i tried to contact her, email her as I am living in Sydney. but no reply.
  all payment were made by cash. no bank detail.
  all she got is my mobile number, that number under my name.

  • 

    miarn on 31/03/2016 - 17:42

    +2

    You need to seek legal advice.

    • 

      StewBalls on 01/04/2016 - 09:37

      ^This…plus find a decent (local) property manager as soon as possible.

      They may not be able to do much in retrospect, but they can often bluff weak minds (much like Jedi) into paying up with very little effort…and of course they will be contracted to battle for your ongoings! ;)

      • 

        macrocephalic on 01/04/2016 - 12:11

        +1

        Normally I would say that agents are overrated, but the OP is obviously not the right person to be managing this property.

      • 

        StewBalls on 01/04/2016 - 20:51

        @macrocephalic: Yeah, I was trying not to enunciate the pachyderm in the chamber! ;)

• 

  macrocephalic on 31/03/2016 - 17:55

  +4

  Move into the house as well and act super creepy. Walk around with no pants on. Put your shoes in the fridge. Don't flush the toilet.

  You get the idea.

  • 

    v3l0city on 31/03/2016 - 18:09

    +3

    you don't have teenagers do you!

    • 

      robbyjones on 31/03/2016 - 21:19

      As a mum of 4 boys this gave me the best laugh of 2016 so far.

• 

  Steptoe on 31/03/2016 - 18:12

  +1

  If a tenant does not have a written tenancy agreement, or if it has not been returned to the tenant, they are still covered by the Rooming Accommodation and Residential Tenancies Act 2008. This means both the tenant and property manager/owner must abide by the rights and responsibility set out in the Act.

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  oscargamer on 31/03/2016 - 20:02

  +1

  can i mention bikies?

  • 

    StewBalls on 31/03/2016 - 20:32

    +1

    This is more likely a Batman thing…

  • 

    altomic on 01/04/2016 - 13:03

    It's qld.

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  Candour on 01/04/2016 - 08:43

  steptoe is right. if you break the law you will face severe penalties. ring the qld govt dept of fair trading [?] on what your rights are. don't break any laws or you will have more problems with the police etc. dodgy tenants can really put you through the wringer. you may need to get a tough agent who dares to throw them out. one guy in sydney was doing that. later his manager was killed for doing that. the best approach might be to find a good agent who can do all this for you. the law in nsw favours the tenant. qld I do not know about.

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  airportsydney on 06/07/2016 - 20:58

  +1

  Hi all, thank you very much for your comments. I went through all RTA process and got the warrant of possession which said will take effect from tonight .However, the police will have 14 days to make them move out if she refuse and has not out yet….? I live in QLD - kip-paring.Does not mean the warrant of possession is not effect without police? How can I evict her ASAP?

  Any sugesstion please can i make her to get out by tomrrow under the court order? I have read the internet to get baillift? Is it avail in QLD?? How can i list her in black list of TICA as I do not really have formal contract with her?

  Many thanks for ur advices