Rent on Garage Stopped Being Paid

Kamsta on 11/01/2024 - 11:12
Last edited 15/01/2024 - 00:37 by 1 other user

Reaching out to the hive for advice on how to proceed with a commercial tenancy issue.

In October 2022 I offered a garage on my property for storage to an individual. We signed a tenancy agreement for 12 months, and started off well. He was storing some personal items in the garage and paying rent every week. It was a private rental with no management agency, and he was not residing in the property, only storing property there.

Around August of 2023 he started to respond very haphazardly to my messages. He then stopped paying rent. In the time since then -
1. I lodged a welfare check with the police who confirmed he is well and alive
2. Lodged a claim with the small claims court who have ruled in my favour stating he should pay arrears - which he is continuing to ignore.
3. Repeatedly requested him to leave the property now the lease has expired, he is not paying rent and effectively just dumping his material on my property.

I am beyond frustrated and annoyed and looking just to get some advise. I realise nothing here is binding or legal. I realise this is a risk one takes in a private rental, but what would be the best way to proceed.

I have been informed generally for a commercial tenancy, it is reasonable to change the locks on the garage, and dispose of his items given he has not responded to repeated notices giving times for up to 28 days for him to reply/vacate his property. I am concerned if this may leave me open to him claiming I stole or damaged or got rid of his property and then seeking damages?

Any advice would be much appreciated, especially if anyone has been in the same situation. I will be also going through further legal channels.

What would you do?

Poll Options

  • 40
    1. Change locks and dispose of his possessions
  • 3
    2. Change locks but not touch his possessions - hoping he still clears his property
  • 5
    3. Other
Home & Garden

Comments

  • o53djz7qTPY4der on 11/01/2024 - 11:22
    +6

    I advise you to seek professional advice.

  • bemybubble on 11/01/2024 - 11:25
    +2

    You really need a lawyer. However if if your a tightarse (which this post would assume you are) then reach out to the ombudsman

    https://www.asbfeo.gov.au/ or if in VIC https://www.vsbc.vic.gov.au/your-rights-and-responsibilities…

  • Fredfloresjr on 11/01/2024 - 11:26
    +4

    Buy Panadol as that will be an ongoing headache for you.

  • jv on 11/01/2024 - 11:43
    +4

    What would you do?

    Keep your pit bull in your garage…

  • AustriaBargain on 11/01/2024 - 11:50
    +3

    Tell him you've now rented the space to bikies, he'll get his stuff out quick. Or abandon it.

  • geekcohen on 11/01/2024 - 12:00
    +3

    Telling you are having a auction of all of his stuff on X date. Do it like Storage Wars style.

  • sam-1966 on 11/01/2024 - 12:12
    +1

    I've noticed ads in the 'Public Notices' in the newspaper, usually from storage companies, stating that they will be selling contents held on behalf of X due to non-payment of fees. I'd check and see if you have to make an ad like that, or if you have to send a registered letter to the 'tenant' to cover yourself before disposing of the contents.

  • Dollar General on 11/01/2024 - 12:20

    What does your agreement state about how to deal with this?

    • Sinnerator on 12/01/2024 - 08:10

      LOL are you the tenant?
      did you not read OP won in small claims court and the tenant is ignoring court instructions

      • Dollar General on 12/01/2024 - 08:26

        I’m referring to what’s in the agreement about when the tenancy comes to an end & what’s agreed upon with the goods still stored there

  • payless69 on 11/01/2024 - 14:15

    Next time become a "proper" landlord.
    Ask jv on how to setup a Stripe account.
    Make sure Stripe gets direct access to very account Centrelink pays in.
    Stripe now takes money out even the account is empty.
    Tell tenant to get an Amex card with no credit limit so they advertise.
    Enjoy feeding the pitbull.

  • mskeggs on 11/01/2024 - 16:37

    Lot's of guesses here.
    Take a look at the relevant law in your state. Here is NSW: https://www.fairtrading.nsw.gov.au/trades-and-businesses/bus…
    If you had an agreement to store their items (as opposed to just letting them a garage) there is a different act:
    https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1935-019#:~:text=(1)%20At%20any%20time%20before,the%20time%20of%20the%20payment.

  • Nutrino on 11/01/2024 - 22:19

    who would have guessed this as a possible situation not outlined in the contract?….. if was me, i would have charged bond for amount cost toward disposal of rubbish.

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