Topic: rental property. Vic, my tenant is over 90 days behind my rental provider has used all the correct avenues & has

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Customer: Hi Pearl. Topic: rental property.
JA: What state is this in? It matters because laws vary by location.
Customer: Vic, my tenant is over 90 days behind my rental provider has used all the correct avenues & has now applied to vcat (approx 8 weeks wait, we haven't even been given a hearing date in 4 weeks since the app.) for a possession order, in which to me sounds like a waste of time!. As it is a document to only inform the tenant of the intended action from our PM to which the tenant can just put a finger
JA: What steps have you taken so far?
Customer: sorry about the split message this platform is glitchy
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We have given our tenant his five notices of eviction for being over 14 days in arrears all within 12 months. On the fifth notice eviction is final, so in this case he has been evicted & is now squatting. Now we have to start a long vcat process of approximately 4 months min to have him removed by police. In this time here say or not others who he works for that I know have stated that he has said "I will be making no more rent payments till I leave to move to Darwin sometime in January/February ". At this stage he is
Answered by John Melis in 5 mins 10 months ago
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John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

As your tenant is 90 days behind in rent, you can issue an eviction notice. Then you can raise proceedings in the Victorian civil administrative tribunal in pursuit of the non-payment of rent.
Customer
Maybe you didn't get the message from your assistant but I'm well past eviction and applying to vcat. vcat is way behind up to 90 days, so far my tenant is 83+ days behind, he was evicted 6weeks ago & doesn't seem to care about paying. We have just made our 3rd mortgage payment at our cost, rates water & insurance & we had to replace the hws (because tenants have rights & you can't deny them hot water) so $10k down out of our pockets & a sorry to my wife for the house Reno being canceled for another year! We just went through the house on the last inspection 8 weeks ago & have found much damage to our house including the start of what could be a big mould problem from poor cleaning & simply not airing the house. Our property manager has a real 'meh' attitude ( oh we can go to vcat!) & she is one of the best PM around, I'm sure she knows her hands are tied. She sends and email & sms to the tenant every day they are behind & says that anymore (phoning them) would be considered harassment under tenancy laws! Any advice?
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John Melis, Expert

The other option you have in your particular situations to file an application in the magistrates Court immediately as a debt claim, and get a judgement debt against the tenant which will impact on their credit rating which will then force them to come and settle the matter with you.
Customer
Great option, pay a lawyer to take it to court for us, pay our mortgage, pay our investment mortgage, car & im self employed equipment payments, all while indefinitely our tenant lives in our house for free but we must keep the water hot water & heating/cooling going for them. We bought this house as an investment to secure our future & now it seems like a big mistake.
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John Melis, Expert

You don't need a lawyer to run your cakes. You can run your case in the magistrates Court directly by following the practice note on the courts website.
Customer
How would doing this affect & rental provider/ property managers contract??
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John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the information on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.
Customer
Thanks for your time John, I will check out the magistrates court line but otherwise it sounds like I'm royally stuffed, I won't need to wait for an interest rate rise my tenant will sink me first!! Much appreciated goodbye.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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