Rent arrears
Posted on 07. Oct, 2009 by Karen Herbert in Arrears, Rent
Q: My tenant is behind in the rent all of a sudden. How do I get him to pay?
A: You can have the tenancy terminated if the tenants fall behind with the rent and don’t remedy the situation within an agreed time.
However, there are legal procedures you must follow:
If you want the tenant to remain but to pay rent arrears, then, you may give the tenant a Breach notice for non-payment of rent. This requires them to bring their rent up-to-date within the nominated days (different time frames in each state). If all outstanding rent is not paid within the prescribed days you can then issue a Notice of termination for non-payment of rent. This seeks to terminate the Tenancy Agreement and requires the tenant to vacate the premises usually within seven days.
Note should the tenant refuse to leave the property after this period, it is essential that you apply to the court for an order to have the tenant evicted. It is illegal to try to force the tenant out yourself. Even if the tenant brings the rent up to date, you can still go to court to have them evicted if the tenant has a history of continuously falling behind with the rent. Or, you can choose to let them stay at the property and rescind the termination notice.
Karen Herbert is the Principal of Position One, based in Brisbane, Australia. For further information or help with renting out and managing your property, please visit the Position One website.
