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Tenant causing issues during selling times

Discussion in 'Real Estate' started by belindaseifert, 15th May, 2009.

  1. belindaseifert

    belindaseifert New Member

    Joined:
    15th May, 2009
    Posts:
    1
    Location:
    SA
    Our tenant is causing a few issues as we approach the sale of one of our investment properties. Her fixed agreement does not end until Sept. She is not allowing any opens and when appointments are made, she is using this time to 'bad mouth' the house to prospective buyers. This is due to the fact that we wouldnt jump at her every whim in regards to ridiculous maintenance wants.
    Does she have the right to be at the premises during these agent appointments?
    Does she have the right to 'bad mouth' the house and ultimately put off any prospective sellers.
    She has been a problem from day one and we are not sure what we can do.
    Thinking worst case, can legally kick her out as she is 'causing a nuisance'....

    Thoughts would be greatly appreciate.
    Thank you in advance.
     
  2. joanmc

    joanmc Well-Known Member

    Joined:
    10th May, 2009
    Posts:
    72
    Location:
    brisbane
    you have my sympathy. we had this happen to us too, our tenant left the kitty litter unemptied for weeks and shut all the windows to stink the house out! Do you have to sell right now? I don't know what the tenancy laws in SA are like but up here we basically had to wait until her lease was up because she didn't do anything really tangible that we could evict her for.

    We left it with the agent but didn't do any serious marketing until her lease was nearly up and then sold it as a vacant possession. She ended up still being in until nearly the end on a month to month, but once her term lease was up I think she realised it was inevitable and that she would need references to get another house! So it all came out ok in the end.

    I hope yours does too...hang in there:)
     
  3. Smartypants

    Smartypants Well-Known Member

    Joined:
    2nd Jun, 2006
    Posts:
    226
    Location:
    NSW
    Due to the nature of your tenant, if it were me, I'd wait until the lease expired in September and show the house with no-one in it. This would also enable you to give the place a quick spruce up priorm to putting it back on the market.
     
  4. Jacque

    Jacque Team InvestEd

    Joined:
    16th Jun, 2005
    Posts:
    1,885
    Location:
    Sydney
    Tenants have the right to stay during inspections, understandably. And don't underestimate buyers- most of them are smart enough not to be put off by a tenant with an obvious axe to grind.

    If you don't sell during the tenancy, wait until she's out and then access is a lot easier for all buyers. Best of luck :)
     
  5. lura

    lura Active Member

    Joined:
    18th Apr, 2008
    Posts:
    33
    Location:
    Brisbane
    In Queensland - you have the right to seek termination of your tenancy agreement through the small claims tribunal if you can show that her actions will stop a sale of the property and/or severely affect the sale price of the property and as a result causing you "hardship". Before you get to this stage though - you can seek resolution through the rental authority.

    If you can wait until her lease is up - then wait. If you feel it is opportune time for you to market now then go to market and seek resolution with the relevant rental authority to prevent her from acting poorly.