I am having trouble to collect my rent from my tenant. Victoria. I have tried to negotiate with the tenant but he

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Customer: Hi i am having trouble to collect my rent from my tenant
JA: What state are you in? It matters because laws vary by location.
Customer: Victoria
JA: What steps have you taken so far?
Customer: I have tried to negotiate with the tenant but he continues to refuse the payment
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I rented one of my rooms to the tanent with the verbal consent of $600 per month including all the bills. The deposit should be $600, however, i only received $200. He has been postphoning the deposit and monthly rent every month since he moved in on 23/04/2019. I never received whole amount of $600 each month with many different excuses from him. I listened his difficulties and tried my best to assist him as much as I can. However, recently he does not answer my phone call and does not respond to my messages. He only transferred me $60 in April and $43 in May. By 31/5/2020, He will be owing me $1850. I would like to resolve this issue as soon as possible as i am making a big loss. To afford the bills, as a registered nurse i have to work additional hours at the front line with my 7 months pregnancy. As i am reaching the due date, i can not work as much as i used to, therefore, affording the bills are not only my financial pressure but also psychological and mental. It will be greatly appreciated if you could assist me with this matter. Many thanks, ***** *****" Catherine".
Answered by John Melis in 6 hours 3 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

You can raise proceedings immediately in the Victorian civil administrative tribunal for collection of the monies owed

​The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The alternative to this is filing an application in the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further. 

https://www.vcat.vic.gov.au

You may also consider the option of using the small business commissioner as well. 

https://www.vsbc.vic.gov.au/about-vsbc/about-us-and-what-we-do/

Would you like to consider this option ?

You have a legal right to protect your interests in this important situation.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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