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Days to Evict

Discussion in 'Real Estate' started by MasterCheif, 16th Aug, 2008.

  1. MasterCheif

    MasterCheif Active Member

    Joined:
    22nd Sep, 2007
    Posts:
    43
    Location:
    Melbourne
    I will be moving into my house that I purchased in March of this year soon so that i can keep the first home buyers grant.

    House Cost: 315k
    Currently Rented at approx: $1,200 per month.

    How many days notice do you need to give a tenant to evict? Would you be moving in or keep it rented if you were in a similar situation? They are good tenants but i dont want to pay back FHOG.

    On a separate note - i have a fixed loan and can only make additional repayments of 10k per year, is this per financial year? or per calendar year? per loan year? (e.g. march 08-march09)?

    Cheers.
     
  2. Simon Hampel

    Simon Hampel Co-founder Staff Member

    Joined:
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    Location:
    Sydney, Australia
    Are they on a fixed term lease? If so, you can't kick them out until their lease expires (not sure how much notice you have to give them that you won't be renewing their lease).
     
  3. Billv

    Billv Getting there

    Joined:
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    Location:
    Sydney, NSW
    It's minimum of 60 days

    http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Forms_Residential_Tenancy/$file/NoticeToVacateRT.pdf

    Cheers
     
  4. MasterCheif

    MasterCheif Active Member

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    22nd Sep, 2007
    Posts:
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    Location:
    Melbourne
    The lease ends in novemeber, thats when i plan to move in.. so given that i guess i will let them know at the start of september..
     
  5. Billv

    Billv Getting there

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    Location:
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    Considering the tight rental market, I'd give them notice as early as possible.
    Although they have to move out in 8 weeks time they can drag it out with the excuse that they haven't found anything.
    cheers
     
  6. MasterCheif

    MasterCheif Active Member

    Joined:
    22nd Sep, 2007
    Posts:
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    Location:
    Melbourne
    thanks, I might let them know soon...

    For the FHOG how do they actually tell that you moved in at date x and moved out at date y? I really only want to be there exactly 6 months and want to make sure i can back it up if questioned..?
     
  7. Billv

    Billv Getting there

    Joined:
    15th Jul, 2007
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    1,796
    Location:
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    I think it probably wouldn't matter if they stayed longer
    as long as you have given them notice

    Check this out.

    First Home Owner Grant - General Information

    You (or at least one applicant) must occupy the home as your/their principal place of residence for a continuous period of at least 6 months, commencing within 12 months of either settlement or completion of construction.

    (Note: The Commissioner may approve a lesser period if he is satisfied that there are good reasons why you cannot comply with the 6-month requirement. The Commissioner also has a discretion to extend the 12-month period if satisfied that you cannot occupy the home within 12 months of settlement or completion of construction due to circumstances that were unforseen and beyond your control. If you wish to have the Commissioner exercise his discretion, you should contact us in writing as soon as you are aware that you may not be able to satisfy the residency requirement and provide reasons.)