Legal Advice Or Representation Required

[R31Nismoid]

.......................or we can do it the other way,

Just pay me, Mav, Saff a beer each and we'll use our MAN POWAH to collect the owned money for you, the HARD way !

lol @ Mav/Saff as debt collectors. hmmm :laughing-smiley-014:

I couldnt think of anything more amusing

She's not a ghost is she?

AHAHAHAHHA

[Kaz200]

lol @ andrew

Indeed, people you can't just change the locks & enter a tenant's property whenever you feel like it regardless of rent owed, as you'd be breaking the law and then the tenant could charge you with trespassing and apply to be allowed back into the property!

The sheriff is usually the person who evicts the tenant and they have 14 days to evict, unless there is special circumstances and the tribunal grants 30 days. Also a tenant can ring the police/sheriff and say they intend to move out on the 14th day, and the police may wait until then, SO, if you can, Al you should get them to do it asap because legally they can evict the same day the order is given (= less money lost).

Also landlords cannot evict tenants themselves because it's illegal and the tenant can be allowed back into the property yet again and it doesn't help your case.

The laws are in place because ultimately the gov't wants 'everyone to have a home' and to avoid making people homeless or something or rather. Hence why squatters don't just get arrested for trespassing or booted out, though I'm not sure on the laws of that these days, it's possible they've changed. In Sydney, there used to be groups of squatters that would move into a building and always make sure at least one of them would be there at all times, used to take ages to get them out.

For putting them on the blacklists, try www.ntd.net.au

Oh and even if the utility companies would allow you to disconnect their services, landlords have to provide essential services like water, electricity etc or they (can) get free rent til it's fixed.

[saff_cossie]

lol @ Mav/Saff as debt collectors. hmmm :laughing-smiley-014:

I couldnt think of anything more amusing

AHAHAHAHHA

LOL! Missed that one, yeah Mav and I are about the same build as Ash so as useful as t|ts on a bull for that exercise

[R31Nismoid]

You need someone like Adzie, he is so big, and hot, and sexy... oh and scary too!

[TracidTrax]

stoner bashing time

[Al]

Thanks guys for your advice and comments. I have already started the process again, but am still pissed that the VCAT helpline got it all wrong.

Her solicitor was pretty honest and laid it straight to us "claiming that she is a single mum, with a disabled kid (deaf)" thus the courts generally look favourably to her. But she has now refused to pay rent even though she had the cash.

Bottom line: If she somehow wins, my brother (joint ownership) can't afford to pay the mortgage, and as his house is the guarantor for both our loans, on this property; I hope the court would prefer to have one farked up biatch on the street than a hard working, law abiding family, with 3 kids under 5yrs old.

Even if we win, my brother wants out; so my only option would be to buy his half, or loose ALOT of money.

There goes my track day aspirations

GTR_STEALTH: Spot on! But for those that know me, they know my nature and how I try not to discriminate.................. lesson learnt

Snowy: I WISH it was another ghost; much easier to deal with! And if it came back, i'd just convert the house to a tourist venue, enough freaks will be interested in it

[Al]

In all honesty, my brother and i would prefer to be represented in court, by someone that knows all about VCAT. We even have all documents organised, as evidence, to show that we tried to work things out, and that we a good landlords. I'm just worried that her solicator will spin some bs and use some loop-hole to fark us. Then my brother is in danger of loosing everything, because of one selfish biatch. As i stated we are taking this VERY seriously, thus are willing to pay for good services.

Sarah if you're coming to DECA i'll speak to you then, thanks.

Ant: i'll call you soon.

[Ruffels]

the shame is ... even if you get the rent money out of her.... its just going straight to your solicitors pocket anyway!

[Kaz200]

Ruffels: too true!

Both my parents work in real estate/strata management and tell me all the money is in commercial properties now.

The dry ground shrinking under houses due to lack of rain doesn't help much either.

[Al]

the shame is ... even if you get the rent money out of her.... its just going straight to your solicitors pocket anyway!

Partly true.

We have landlord insurance and whatever is not covered, could be claimed on tax, at the end of the financial year.

[SABBAi]

best of luck Al. Hope it works out for you soon.

[adznight]

Scott - love your sig mate.

[mr_crust]

give them a friendly 3am visit to sort this out ...ppl say violence solves nothing pffftt.

some ppl use the system and innocent ppl get burnt, and in this case what Al thought was a good investment cna backfire due to some junkie...get her for everything shes worth..adn remember if she cant pay the rent how can she pay for a decent lawyer....

[eMsta]

everything shes worth..adn remember if she cant pay the rent how can she pay for a decent lawyer....

good point...unless shes sleeping with him....

edit: though legal aid is supposed to be for those who cannot afford them high priced lawyers...

Edited May 11, 2007 by emsta2003

[Al]

"Legal Aid" is free for people on welfare

[saff_cossie]

Bottom line: If she somehow wins, my brother (joint ownership) can't afford to pay the mortgage, and as his house is the guarantor for both our loans, on this property; I hope the court would prefer to have one farked up biatch on the street than a hard working, law abiding family, with 3 kids under 5yrs old.

Does this mean, if she wins, she gets to stay rent free in the house? Just trying to understand the bit about your brother not being able to afford the mortgage. You have had this place a while now havent you, is his place still needed as a guarantor?

[Al]

Does this mean, if she wins, she gets to stay rent free in the house? Just trying to understand the bit about your brother not being able to afford the mortgage. You have had this place a while now havent you, is his place still needed as a guarantor?

Not sure what happens if the court doen't allow us to kick her out.

And yes, his property is still required, had the house for 3yrs.

[saff_cossie]

That sucks Al, hopefully they just give her a month max to get out which isnt good from your side of the table but beats paying for her for the rest of the contract.

[mr_crust]

the only thing i can say is , not if but when u get her out, make sure u stipulate on the next contract that the tenents must pay..if they don't pay for a period of 4wks they can be evicted immed....if they want to rent it, the will sign and u wont be in this drama again..

a few ppl i know have done this and touch wood, never had a drama.

[Al]

the only thing i can say is , not if but when u get her out, make sure u stipulate on the next contract that the tenents must pay..if they don't pay for a period of 4wks they can be evicted immed....if they want to rent it, the will sign and u wont be in this drama again..

a few ppl i know have done this and touch wood, never had a drama.

That wouldn't do shit .

You can not make up your own rules, and if it was challanged, you would have no hope of winning the case.