How to deal with bad tenants in your property
Dealing with problem tenants can be a challenging situation for many landlords.
Landlords can take several steps to manage difficult tenants and protect their interests.
Firstly, it is important to assess the situation and determine the best course of action. It is also essential to communicate effectively with the tenant to understand their concerns and try to find a middle ground that satisfies both parties.
Landlords should take emotion out of the equation and be firm when necessary, using the rental agreement to back up their position. If all else fails, the landlord may consider letting the tenant out of the lease or evicting them if necessary.
Here are some steps that can be taken to manage bad tenants:
- Know the law – It is important to be familiar with local laws and regulations. This can help avoid legal problems and provide guidance on how to handle unruly tenants.
- Get the agreement right – Having a clear tenancy agreement which outlines the rights and obligations of both the tenant and landlord can help avoid misunderstandings.
- Conduct regular inspections – Inspections can help identify potential problems early and provide an opportunity to resolve them before they escalate.
- Issue a breach notice – If the tenant is breaking the terms of their tenancy agreement, it may be helpful to issue a breach notice. This should outline the specific violations and provide a timeline for correcting them.
- Communicate – Communication is key when dealing with difficult tenants. Be clear and concise in any correspondence and try to maintain a calm and professional demeanor.
- Know when to stand firm and when to compromise – It is important to be flexible when possible, but also to know when it is necessary to take a firm stance.
- Keep written records of everything – Detailed records of all interactions with problem tenants can be helpful in resolving disputes and can also provide evidence in legal proceedings. Remember, managing bad tenants is not a straightforward process, and can require patience and persistence. If needed, consider seeking the advice of a legal professional or property management company for guidance.
When is it time to move your tenants on?
A landlord can assess a difficult tenant’s situation when the tenant violates the rental agreement. The rental agreement usually contains the rules, regulations and procedures that the tenant must follow while staying in the unit.
There are several lease violations that a tenant may commit, some of the most common include:
– Non-payment or late payment of rent
– Unauthorized pets
– Failure to maintain cleanliness or causing damage to the property
– Subletting or unauthorized occupancy by others
– Noise disturbances or other forms of disturbance to neighbours
– Violating smoking or drug policies
– Using the property for illegal activities
– Altering the property without permission from the landlord
– Failure to provide access to the landlord for inspections or repairs
When the landlord or property manager decides to handle a difficult tenant, the first step is to provide written notice to the tenant outlining the lease violation(s) and what actions the tenant needs to take to remedy the situation. The notice must specify a reasonable deadline for the tenant to comply with the notice.
If the tenant fails to comply within the specified timeframe, the landlord may follow the eviction process according to the Residential Tenancies Act 1997. It’s recommended that landlords take legal advice before commencing the eviction process, as the Act sets out strict procedures to be followed.
If the landlord or property manager fails to adhere to the procedures outlined in the Act, the tenant could challenge the eviction, and the landlord may have to start the process all over again.
Remember, a landlord cannot take any action against a tenant without following the due process, as specified by the Residential Tenancies Act 1997.
Not Renewing A Tenants Lease in Victoria.
According to Section 91ZZD(3)(a) of the Residential Tenancies Act 1997, if a renter has a fixed-term residential rental agreement for 6 months or more (but not exceeding 5 years), a notice to vacate should be given not less than 90 days before the end of the fixed term agreement, unless the rental agreement specifies a shorter period.
On the other hand, under Section 91ZL of the same act, a rental provider can give an immediate notice to vacate if the rental property is destroyed or unfit to live in.
Additionally, a rental provider can give an immediate notice to vacate If a renter or their visitor causes damage to the property or engages in behaviour that could endanger others or their property.
Evicting Tenants in Victoria.
To get rid of tenants in Victoria, the rental provider must follow legal steps for eviction. First, they need to give a valid notice to vacate that is addressed to the renter, gives the reason the rental provider is ending the agreement, and is signed by the rental provider.
After that, they need to apply to the Victorian Civil and Administrative Tribunal (VCAT) for a possession order. If VCAT grants the possession order, the tenant is required to leave the property.
There is more information on Tenants Victoria.
How good property managers avoid bad tenants.
To avoid bad tenants, good property managers often take the following steps:
Conducting a strategic prospective tenant screening process involves asking potential tenants to complete an application form, and conducting an extensive background check on them.
A good tenant application should include all of the necessary information that landlords or property managers need to approve your rental application. This includes your personal information, rental history, employment history, and financial information. Here are a few tips on what to include in your tenant application to increase your chances of being approved:
Rental History: Provide the names and contact information of your previous landlords, the length of time you have lived at each rental property, and any information about why the tenant left.
Employment History: Include an applicant’s current employer’s name, address, and phone number. You may also be asked to provide your job title and length of time you have worked there.
Financial Information: This may include your income, savings, debts, and any other financial obligations you may have.
Rental References: Provide the names and contact information of people who can vouch for the tenants character and reliability, such as previous landlords or employers.