Aunty has not paid rent for a year

eneloop on 14/10/2016 - 09:06
Last edited 17/10/2016 - 19:32

Guys, I need your advice.

My aunty(mums sister) owes me one years worth of rent.

She is a single mother she has a son(my cousin) unemployed( not receiving any government payments) 24 years old.

I have a unit in Sydney 2 bedroom and am currently renting it out to my aunty for $325/week when the market value is between $450-510

She has been living in the unit with her son for about 8 years now and I have never increased the rent.

She has been in and out of different jobs in that period of time and my cousin has also been in and out of work.

The last rent was paid 13 October 2015. I initially didn't say anything for about 6 months hoping she was putting the money aside for me. When I asked her about the rent she said "you didn't say anything and I said stuff him and put have been putting the money towards my personal loan".

I really feel sorry for them. My nrs even said to me to wipe off all her debt and let them start from scratch.

Another thing is, these people don't appreciate this.

My cousin just got back from an overseas holiday where he told me he spent 9K

What should I do?

I want to put the rent up, but they can't even pay the $325 I want to kick them out but it's my aunty and they won't be able to afford anywhere else.

Update:

So I have been thinking today while I was at work and am going to take the following steps to try and sort this out.

I don't want to damage the relationship I have with my cousin, I'm not to concerned about my aunty. My cousins father left them when he was 9 and this effected him a lot. My aunty remarried but that didn't last too long. I have been somewhat of a father figure to my cousin but he does have some anger issues and can be very stubborn at times. I am currently trying to find him a job.

I am going to sit them both down and explain the situation, I'm not sure if my cousin even knows I'm not getting rent as I never mentioned this to him. I'll ask for rent to be deposited into my account when it is due. I will raise the rent to $450 January 1 2016. I will still persue the money they owe me which is $23,000

Update 2 (15/10/2016)

I just spoke to my aunty and cousin they thought that I was letting them stay for free because I didn't ask for rent.

Financial

Comments

  • pjcook on 15/10/2016 - 07:28

    kick em to the kerb mate, they are using and abusing you.

  • noz on 15/10/2016 - 07:29
    +2

    "My cousins father left them when he was 9 and this effected him a lot."
    Is he going to hang off that crux for the rest of his life? Most people I know have been through some type of adversity, yet that doesn't mean that they abscond from their responsibilities.

    • JediJan on 16/10/2016 - 13:59
      +2

      Approximately half the children these days have both parents living with them, so there is no social stigma attached to this. It is not pleasant for children but most of them rally and do quite well for themselves, in spite of a difficult upbringing.

  • 1jwoz on 15/10/2016 - 07:48
    +2

    Grow some balls, Jesus Christ. Do you like being used as a doormat?

  • MCPokey on 15/10/2016 - 08:16
    +3

    So, she has refused to pay rent, told you that she's not paying for rent to save for herself. cough bullshit cough
    You cannot leave this as the nice guy, unfortunately.
    You will need to evict them and that's where your trouble will start.
    My bet is, they'll refuse (after all, it's a free place right now) and it will go downhill from there.
    What you have there are squatters and good luck removing them.
    Wish it could be easier with a stern chat, but they'll make you out to be the bad guy no matter what you do now. This is why you don't rent to relations

  • lplau on 15/10/2016 - 08:52
    +1

    Read this and you shall be enlightened, it also applies to doing business with family.
    http://www.moneycrashers.com/why-you-should-not-lend-money-t…

    If you want to do business with family then you must make it professional, e.g. best to either harden up, or if you want to avoid that, shell out 3-4% of the rent for a agent to harden up for you.

  • imcold on 15/10/2016 - 09:02

    I'm sure he's pretty aware the rent is not being paid. The lifestyle is much different when your scrapping by.

    If the place is a two bedroom you could move in another tenant or two. That way you could lower the rent burden for your aunt. They can pay $250 a week + 50 catch up rent. And you could get the new tenants to pay $150 each.

    Going to be awkward for auntie but might work. Besides they may be good property managers

  • kasp on 15/10/2016 - 09:17
    +5

    Oh man people like you are such pushovers, my mum is the same way thinks they are being "tough" on someone but really they are getting walked all over.

    You are going to raise the rent which they aren't paying now, clap (profanity) clap. I guess in a years time when they still haven't paid you will really seriously consider having a discussion with them.

    However serious advice time, just say pay up or get the (profanity) out. 2000 dollars in the next 2 weeks or they are out on their arse every month an additional 1000 dollars must be paid on top of the rent (Serious the cousin had a 9 grand holiday so (profanity) him) if they miss a payment or even late by more than a week they get the boot. It's the only way you will get your money back and chances are its lost.

    Your cousin and aunty have been taking you for a ride and you are a chump. Own it, learn the lesson and don't let people (profanity) you over like that again. Also note these people are scummy (profanity) and you can bet they will use emotional blackmail to get you to back down and I am sure when you think back you will realize they have been doing it to you for a very long time.

  • Amanda3724 on 15/10/2016 - 09:49

    Be in no doubt - both your aunty and cousin are taking advantage of your kindness. It's a sad thing, but some people, even family, don't care about anyone else apart from themselves and this is the case with your relatives. It's not your responsibility to find your cousin a job, as kind of you as it is. He is a grown man and can do it himself. Many, many people have had more difficult starts to life yet still don't bludge off others. They will continue to rip you off unless you make it stop. Evicting them will actually help them to stand on their own two feet and stick with a job like the rest of society has to do. If you feel awkward doing it, tell them you have mortgaged the place and you can't afford the payments any more as you have used up your savings paying for them. I'm sorry your family are taking advantage of you, it is awful, but good luck in resolving this.

    • JediJan on 16/10/2016 - 14:12

      Yes, and OB has the Council rates to pay as well; the property is costing him. He should tell them he cannot afford to pay tbe rates as well. Yes; I think is best to put the property on the market and have a troupe of estate agentbs visiting.

  • Lucky13 on 15/10/2016 - 09:58

    Wow evict, look at ways to recover money, she needs to get responsible

  • [Deactivated] on 15/10/2016 - 10:21
    +1

    Hav ya got more fa rent
    Me poor need roof
    Near beach good for washn
    Ta

  • StewBalls on 15/10/2016 - 11:25
    +1

    Apply to the local council for a brothel licence, turn your apt into a "massage parlour" & get her turnin' tricks for you, everybody wins!

  • [Deactivated] on 15/10/2016 - 11:45

    Yeah you left it too long mate.
    Your cousin probably has no idea but if he can afford a 9k holiday then he can afford half of the $400 a week and split it with his mum.

  • therooftop on 15/10/2016 - 11:59

    Bikies.

  • shamid202 on 15/10/2016 - 13:41

    advise them also to apply for government public housing or affordable housing if they can't afford it. also they can apply to get rent assistant from centrelink. there are ways to get them pay you. You should act like family to them. your intentions are to help them and your self as well. show them you are willing to help them out and make them understand that what you do is a favour and you will need to be embraced as well.

  • Aneurism on 15/10/2016 - 13:45
    +5

    What's sad about this is that they have probably been claiming and pocketing rental assistance over the years too.

  • [Deactivated] on 15/10/2016 - 14:24
    +3

    Ask your cousin if he's been paying his half?
    She may be pocketing that too.

  • centrelink on 15/10/2016 - 14:37

    Never be the nice guy, they will always lose in the end.

  • Cheeper on 15/10/2016 - 17:39
    +3

    Get a property manager to take over the unit. Problem fixed.
    Never rent directly to friends, relatives … or anyone for that matter. It only means trouble.

    You can continue to be a door mat or sucker if that is what you want to choose or you can fix it by putting it with a manager and having no direct discussion with them about the leasing arrangement.
    You are definitely being played for a fool.

    • tonka on 15/10/2016 - 18:50
      +2

      Just want to mention that a property manager is not a guaranteed fix. They will speak to tenants on your behalf but that doesn't mean they will pay the rent.
      The agency will then begin a process of trying to remove them by bringing them to tribunal who will instruct them to pay their rent which they may or may not do. It may still be a lengthy and expensive process and not an easy fix.
      But it's possible they may just fall in line when confronted with a stronger hand and maybe it might just be easiest to tell your Aunt you will allow the agency to make all decisions regarding rent etc and take a back seat.

      • Cheeper on 15/10/2016 - 21:56
        +1

        Thanks for that Tonka. I have been the owner of seven rental properties so I do know a little about the process.
        Still appointing a manager would be a step in the right direction and would sever the tenants current sad situation. As it currently is the OP is just being a doormat to what is clearly a con artist.
        He can just put up with it or do something about it.
        Sorry for being straight up but why cover it with flowers???

        • tonka on 15/10/2016 - 22:40

          My comment was intended as info for the OP as while probably a step in right direction you said problem fixed. This is not true and needed elaboration so as not to be misleading. Several others have also said get an agent like it is an easy immediate fix and it's not.

          I do think OP needs to at least try and ask for rent and repayment before proceeding though as the 'official process' may work against him in the short term and there is stuff all chance of getting that debt paid once he proceeds.

  • CandyMan on 15/10/2016 - 18:38

    TL;DR give them an ozbargain medal for thinking they were getting free rent. Then tell them thst this is your income source and you cound rent it easily for a higher price no problem. If they havent saved the money be nice and ask them to pay it over a year or so.

    No pay no stay.

  • jpee on 15/10/2016 - 19:54
    +3

    OP - you are a good man.

    My advice is - Sit them both down, Position the meeting as Future plans for the apartment. Asking her if she/he would mind helping paint the place as you are thinking of renting it out,
    (currently it is not rented out, They are just living there for free)
    I am asking you aunty as I know just how much appreciate and are thankful for living here rent free and that meaning you're able to pay down personal loans. I am glad I was able to help in that way.
    Unfortunately the bank and my landlord aren't as kind as me so I will need to start earning what the market value of rent is to continue to afford it. I appreciate all the rent over the years.

    Key Points
    You are making the negotiable the painting not the moving out
    You are also letting them know of all the things you have done for them

    How ever they react that is their responsibility not yours ,

    • tonka on 15/10/2016 - 21:41
      +1

      I don't understand how validating and agreeing with their behavior is meant to correct it?
      Acknowledging it as rent free may just make them desperate to stay.

    • Cheeper on 15/10/2016 - 21:57

      They wont pay rent so do you honestly think they will do maintenance? Regardless it is still a pathetic pay back when you consider all the money they owe and will continue to build on.

    • jpee on 16/10/2016 - 09:20

      The rent is gone. Time to kick them out move on. He is coming from a place of understand.
      OP has from what the post says 1 conversation about outstanding rent (no disrespect)
      OP has allowed this to happen by not addressing it through what ever reason. (Not wanting to tarnish the relationship with his cousin. ) very valid point.
      You are appealing to there noble motives and if their reaction is poor it just validates the reason not to continue the relationship with them. You don't need people like that in your life. By framing it this way it will give them the finial choice on how to respond. OP should very clear then on how to treat them moving forward.

  • HeWhoKnows on 15/10/2016 - 22:22
    +1

    Have they signed a lease? if not you are up shit creek. Suggest you hand it over to an agent to manage. Give them the history. Unsure if they will be able to collect arrears for period they did not manage but you can ask them to try. Do you have any records, receipts etc. Tell your auntie that's what you are doing and nothing else. Thats keeping it at arms length.

  • lousy on 15/10/2016 - 22:25
    +3

    People like this make me so angry. They wouldn't try this on a stranger but are clearly taking advantage of YOU because you are their family who cares for them. Wrong on so many levels.
    They don't deserve what you have been doing for them nor do they appreciate it. Playing the victim card in this scenario has obviously worked well for them while you are the one who is getting screwed over for your generosity

  • Skramit on 15/10/2016 - 22:41
    +5

    1-2 months free rent is a favor.

    3-6 months is generosity.

    12 months is being taken for a fool.

    • syousef on 17/10/2016 - 09:39

      Replace "months" with "weeks".

      At the 2 week mark you should be asking questions.

      • Skramit on 17/10/2016 - 09:39

        Well it is family so I'm sticking with months.

        Weeks if it was just a random tenant, agreed.

        • syousef on 17/10/2016 - 09:53

          Family you'd make allowances for catching up. If you don't even ask the question, you're setting yourself up to be a doormat, just as OP has. For many it's their nature not to pay if you're not chased up. Leave it long enough and they expect not to pay.

        • Skramit on 17/10/2016 - 09:55
          +1

          @syousef: Agree, its fairly stupid but family makes people do stupid things.

          I sympathise with him for feeling how he does, but he's still a fool :)

        • syousef on 17/10/2016 - 10:04

          @Skramit:

          As I've argued elsewhere on this thread if he wants to give family something that is charity. How it works out doesn't matter. They can be grateful. They can be horrid. It's charity. He has intentionally given that money away and if his purpose was to help family he did that and got his money's worth. He gave family a discount. It was a gift. That's the end of that.

          On the other hand family taking more than you he can afford and breaking their deal to give money they owe is completely different. OP has said he's had to lean on his wife for financial support. That's ridiculous. OP is giving away money he literally does not have. I hope it doesn't affect his mrriage.

  • MelCheapo on 15/10/2016 - 23:44
    +1

    Write off the debt and sell the property. Give your family a few months notice that you have to sell it. It's one of the few ways you're getting out of this while having a chance of keeping your relationship solid. Anything else is a fantasy you have of how you think a family should work, where your good will is reciprocated.

    You are not doing your unemployed cousin any favours by paying his way through an idle life. If he chooses not to work and needs to go on benfits and live in a share house, so what! He needs a motivator or he is evetually going to spiral down into depression if he isn't already there.

    Sell it, and do not re-invest it into property until they are established somewhere else. If you do re-invest in property, realise that you are a terrible property manager; clearly the cost of a professional will make you a better return on your investment. Compassion and real estate don't work well together without a buffer.

  • brotherfranciz on 15/10/2016 - 23:55
    +3

    I'm going to add a positive spin on this story:

    On behalf of all taxpaying Australians, thank you for being so generous and keeping your aunt and cousin off Centrelink.

  • Donaldhump on 16/10/2016 - 00:11
    +2

    stop being soft

    they are taking the pi$$

    if they were poor that is one thing, but the cousin just blew 9k. I would be embarsed if i were him. They are bludging off you.

    put the rent up to $800 a week through an agent

  • Randxyz123 on 16/10/2016 - 01:59
    +1

    Only going to say this one more time.

    GET A PROPERTY MANAGER.

  • eneloop on 16/10/2016 - 09:30
    +2

    In my cousins defense he is not on Centrelink right now. Imagine how lazy you have to be to not even apply. He says he hates going to interviews and doing all the paperwork.

    Tomorrow another fortnight of rent is due…

    • JediJan on 16/10/2016 - 13:05
      +2

      He would be on Centrelink payments if he really needed to. Also, you have this on his say so; totally up to you if you believe him. He could just be saying that as another reason not to pay rent. I find it hard to believe he has not applied; if you are desperate for money with bills to pay it would be the first thing to do. I believe there is at least a 6 week wait before they pay anyone benefits too, this after a period due to your final pay with leave also. The 6 week wait plus can be quite devastating for some, especially if they have children and have rent or mortgage payments pending. This is why many people end up visiting the welfare organisations for support.

    • HeWhoKnows on 16/10/2016 - 19:28
      +3

      Boy are you a sucker! I think you deserve what you got and whats coming. A hard lesson but a good one. never rent to friends or rels.

    • sparkles on 16/10/2016 - 22:38
      +3

      Why be on the hassle of Centrelink when some sucker is financing your rent?

    • tomsco on 17/10/2016 - 12:17
      +1

      Don't leave us hanging…

  • Classical Musician on 16/10/2016 - 09:56
    +1

    I don't think this is about a person without father figure. Some people are just does not care about what they owe. I have relatives who owe my family tens of thousands and act like nothing happened. In my case thier argument is that we are well off and can certainly afford to take care of them.

    I agree with you. Sit them down and talk about the value of money. Tell them exactly what you want in terms of the owed money and rent and the consequences of not paying back (eg going to court) but make sure that you tell them also that you are not throwing them in the deep end on the process of acquiring the money.

    Maybe even go to centrelink with your cousin. Or better yet, supervise him getting a job.

    The aunty may just have depression and so get her a goal and purpose. Eg. Your son needs you. Help her find a job where she will fit in. If she is a migrant, its is quite daunting to be amongst australians who have diffent conversation topics.

    This should not strain to much on the relationship, and you feel good because you helped a family to get back on thier feet (you reap what you sow). If it doesnt work and you are fed up, you can alway evict.

  • John on 16/10/2016 - 11:02
    +3

    Just read your update. Just be prepared for what to do if she refuses. Or if she agrees but still does not pay rent.

    Is your mom not able to help in all this?

    My personal view, for relatives its always either give or not give. Never lend to relatives. It just puts that wall in the relationship.

    If I were you, if you can afford it, take the hit but request they find their own accommodation as you won't be able to afford another loss from the rental. That's already a $15,600 help for her. Then you don't have to deal with them as landlord-renter again and can help them purely as cousin-cousin.

    PS: I suggest to talk to your aunty first before involving her son. She might be embarassed and be offended otherwise

    • eneloop on 16/10/2016 - 12:15
      -1

      My mum is not happy with what's going on and is letting me sort it out.

  • fassbinder on 16/10/2016 - 14:32
    -1

    Sit down with her and talk this out

  • Meowcat on 16/10/2016 - 14:48
    1. Pull the pole fuse
    2. ????
    3. PROFIT
  • Christy Bambi on 16/10/2016 - 15:17

    Story sounds funny.
    1. have a sit down with them and bring a mutual family member.
    2. if they don't make a partial payment to the amount owing, technically they aint even renting the placing and the place has been empty
    3. Get a locksmith in and change the locks
    4. put all their stuff in storage or outside on the kerb
    5. initiate legal matters
    6. Get what you can back, but they seem like bogan type of people, so best of luck
    7. to be honest theres many ways to do this but they ain't going to backpay any rent (just need to get the verbal message from them).

    • HeWhoKnows on 16/10/2016 - 19:35

      Sorry but as the current approved occupants they have the upper hand. Cant do any of this without the right paperwork.

  • Sydney87 on 16/10/2016 - 17:07

    OP seems like a good man and has helped his aunt in times of need. Now, they are taking undue advantage of your family sentiments.
    I would say be firm and ask for the amount they owe. If they do drama of no job etc, increase the rent and best to forgo the previous amount, after all it's your aunt.
    See to it that this doesn't happen in the future.
    Good luck.let us know how you go.

    • HeWhoKnows on 16/10/2016 - 19:37

      No! Go for the jugular! These people have lived a life of luxury at this mans expense. Its pay-back time.

    • SaberX on 17/10/2016 - 14:43

      No job, but they spent $9k on holidays recently according to him? Sit them down and get the money. If they aren't living on instant noodles with no job then they deserve to pay the money.

  • borgsta on 16/10/2016 - 18:49
    +1

    I feel for you as you seem like a genuinely nice bloke but they are absolutely taking you for a ride and I suspect that unfortunately your cousin knows all about it.

    He isn't on centrelink, doesn't have a job but drives a Lexus and spent $9k on a holiday. Sorry but it really sounds like they are having a laugh at your expense. You need to get firm with them and quickly

  • fruit on 16/10/2016 - 19:06
    +3

    The way I see it you have two choices:

    Evict them.
    Evict them.

  • newsynthetic on 16/10/2016 - 20:12
    +1

    WTF?? They own a Lexus and pays for a $9000 holiday… Time to get your iron fist out. Set arrangements for payment or else evict them.

  • serpserpserp on 16/10/2016 - 20:37

    Yeah, I would just tell them to leave. That is the nicest thing you can do. If you want to hound them for money you probably won't get, go for it. You are entitled to it, but people finds ways to get the law off their back (ie. they liquidate all their measly assets and keep the cash under the mattress and cry poor.)

  • JepunK on 16/10/2016 - 20:45
    +1

    lol sorry Op but this sounds like something out of the dailymail

  • sparkles on 16/10/2016 - 22:40
    +2

    Selling up might be the only way to get them out. A For Sale sign out the front might be just the incentive they need to start paying rent.

  • ChubbyMastiff on 17/10/2016 - 09:24

    Well, imagine her son is an OzBargainer and he has read all these comments.

    • [Deactivated] on 17/10/2016 - 12:23
      +1

      Then he knows how absurd hid behaviour is and he should make a lifestyle change.

  • Yanoflies on 17/10/2016 - 10:00

    WTF?

  • [Deactivated] on 17/10/2016 - 12:29

    My parents thought me something about offering help to amply and friends. Don't expect it to be appreciated, and don't expect to be repaid. If I can live with the burden, I can go ahead and help.

    If I cannot, don't start. Over the years, I have come to understand these words of wisdom.

    • Skramit on 17/10/2016 - 13:10
      +2

      Very true, only lend money you can afford to lose.

  • tap on 17/10/2016 - 13:17
    +1

    Hand it over to an agent. You can negotiate the % they charge so don't settle for their upfront rate.

    That way your aunty can deal with the agent and they can earn their 3%.

  • DWH on 17/10/2016 - 13:56
    +3

    One option to save your relationship with you family is to simply sell. Sydney has peaked, it's a good time.

    Tell you the bank is knocking on your door, you have no choice, then learn the lesson and never mix business and family again.

    Good luck!

    P.S. Don't offer any discount or anything, you'll never get that money, and no matter how generous you are you'll be considered the big meanie here.

  • dealhunting007 on 17/10/2016 - 13:58

    Some people just take things for granted. You have done what you could. Sit down, talk to them about pending amount and give them timeline so they have a bit of time to pay you. Set the right expectations with them, if they cannot afford that much rent then they need to find something cheaper somewhere.

  • SaberX on 17/10/2016 - 14:42

    I think it unanimous. If they can afford to drop $9k on holidays then they're taking advantage of the situation. No one is silly enough to think they can just live in a house rent free because you never asked - clearly they know you aren't asking for the money and aren't paying it.

    I'm all for writing off debts and helping out family members where required. But if they're knowingly and consciously spending money on discretionary purchases at your investment/financial expense then the relationship to me isn't worth saving: do what you have to do for yourself. I.e. ask for the money and failing that kick them out.

  • mahazza on 17/10/2016 - 14:43
    +2

    Hi mate.

    Reading this really makes me mad, being screwed by your own family is hard to deal with. Why would you want to continue a relationship with family members who treat you like that?

    About the rental increase, you should be careful around an increase over 20%, if taken to the tribunal, it is likely to be overturned.

    Also, if you must, if you've tried everything, you can evict and sue for unpaid rent. 23k is a lot of cash.

    Cheers

  • cupcake on 17/10/2016 - 15:00

    I wouldn't have waited a year after no rent payments to mention it. Kick them out. Family or not. They are milking it!

  • Solrak on 17/10/2016 - 17:23
    +1

    Sell the property. That way they have to move out or pay rent to the new landlord

  • FittyFitty on 17/10/2016 - 17:58

    There's only one donkey in this story…

  • Cheapascents on 17/10/2016 - 18:07

    Cut the loss and forget about that mula they owe, this is probably the hardest thing to do, to forget about the money they owe you, in time it will heal. Move them out ASAP and start gettin your money. i dont know the specific procedures to do this, but its in your best interest to find out, i just provided the strategy, now you got to implement it.

  • noahnaera on 17/10/2016 - 19:15
    +1

    Dude wtf. Tell those cheap (profanity) to pay it up or you'll break their legs. Seriously, you can't let them walk all over you like that. Doesn't matter who they are or what they mean to you. Don't put yourself beneath them because that's exactly how you're making them feel. Your Aunty is a scab and your cousin is scum. They need to pay or you need to take them to court if they do not. DO NOT let them get away with it, they don't deserve that!. Even contact ACA. This is wrong by all means! You'll be as broke as them one day if you don't take action! You are the one losing money right now, not them, they are a having an important service well provided, not you. That does not sound right. TAKE ACTION NOW!

  • eneloop on 17/10/2016 - 19:31

    I just spoke to my aunty and cousin and they said they thought that I didn't want the rent as it had been a while since I last asked. I was dumbfounded to be honest I didn't know what to say.

    I stayed another half hour and left, I honestly didn't know what to say or do

    • newsynthetic on 17/10/2016 - 20:45

      Come on man get your iron fist out, you should at least set a time frame when you want them to pay, or you will evict them. You will have to bother them some more if you that unwilling to evict them.

    • fungi79 on 17/10/2016 - 20:45
      +1

      Maybe tell them that they owe you 23k in back rent and unless they come up with it in the next 2 weeks they are out?

      Trust me, people who will take advantage of you like that are not good people, and family or not, people like them are not people you want to have in your life.

      They haven't treated you like family, so why should you. You don't owe them a living.

    • Stphen on 17/10/2016 - 22:10

      Are they going to start paying, now they know you want rent?

    • FittyFitty on 18/10/2016 - 01:12

      Are you unable or something… It's almost like a script from a foreign movie about a pleb who gets emo trampled by knobs…

    • GregMonarch on 18/10/2016 - 02:59
      +2

      Sorry, but what they're telling you is rubbish. I've dealt with people like this, and there's always an excuse and a "oh but I thought" to put the blame on you. Think about it… Who assumes after paying rent, and starts missing payments, that it means they never have to pay rent again. (Nobody.)

      There will be more excuses, lies and deceptions - delays - we have this bill and will start next week. Or offer $100 but we really have nothing else to give right now… all to make you feel guilty so you give in again - until you either finally stand up and say "No more", or, you LOSE THE PROPERTY to them because you didn't act.

      So… How do you actually stand up - do it - get them out? I'd be paying someone for legal advice - at least one or two meetings to learn where you stand, what you can loose, and how they can achieve it - so you know how to avoid it. I'd be signing up someplace like www.propertyinvesting.com, explaining the situation clearly, and asking for a recommendation for a solicitor with experience in such property matters. Then write it down in order of occurrence with approx. dates, who said what, did that… and take it to the solicitor so he can read it and ask you questions to clarify the situation in his mind.

      Even if they do BEGIN PAYING RENT again, I'd still be doing these things to get rid of them. Even if you have to make an excuse like selling the property (after doing the above). Because the law often stinks and could side with them once they've been living there long enough. Particularly if there's been no legal receipts and bank transfers that can be presented to a court.

      I've seen it happen in divorces… the guy pays agrees to pay child support directly by postal money order or cash. Then a couple of years later the woman's solicitor or friend finds out, and she's now telling a court there's been no record of payments for the last x years - and when receipts or bank transfers can't be presented, the judge rules he has to pay the lot again.

      Records matter. Because they might claim they paid nothing from day one (if stealing your property is kind of thing that is in their head to do. Is it? I don't know. But it sure sounds like it). And if they keep pushing you backwards, delaying, not paying rent, you can BET this is what they have in mind - that they've read it, or learned it from someone. And they will take it as long as they can to try and achieve it. And they have a huge head start on you that could go in their favour.

      Btw. The day you do finally put your foot down, expect them to just change the lock and squat for as long as possible. You now can't enter and court will drag out for months. I've heard examples where the court rules, the police turn up, they get evicted, and obtain legal access to retrieve their property - which you cannot touch. They delay that too. Or they take what they want, the police and you leave, and they phone a locksmith to let them in and change the locks. The locksmith will check their ID and it will show that address, so he'll just do it.

      When (IF) you do finally get them out legally, expect the property to be severely damaged as revenge.

      Do paragraph 3.

      • tomsco on 18/10/2016 - 06:59

        FYI, agreement is in place and receipt were issued when payment was being made.

    • Islander on 18/10/2016 - 07:33
      +1

      You sound like a nice guy but a bit soft. If you were a brash, loud person, bet the response would be different. The moment is gone, but "should it be you to decide when they can stop paying rent " is what you could have said.
      This thing is going to eat you up. Don't let it get to you. make your decision and go with it. Probably best if you have an agent, he/she can play the bad guy for you.
      All the best

    • SaberX on 19/10/2016 - 16:03

      I agree with the rest - try to position yourself and retrieve what they owe you. I think you've gone beyond the point where family matters - because obviously no one is that stupid to believe rental payments that cease suddenly become 'free'. The only time that's happened is where I stopped paying board to the parents, and they never asked so I have been continuously not paying. Hey, not that I'm proud, I do of course intend to repay them back through thick or thin when they get old - but it proves the point that no one is that dumb to not notice someone not chasing up the weekly rent, board, whatever it is. FOr me, both of us obviously are direct family and it is water under the bridge, and they dont' need the room anyway, for you they're occupying a whole house and financially it is literally stealing from your pocket. Essentially money that should be in your pocket, for your use, is being funneled to them.

      Take steps to legally retrieve your money (no , don't go breaking legs as some said above or threatening) - and set your rent higher. I don't know how they are personally, but clearly as family who 'didn't think you wanted to be paid rent since you never asked' I would be burning bridges or at least moving on and not bothering with them once this saga is done. Clearly if they can do it to you as a family, they're not worth your time and effort. Even if it was your friend, or someone on the street, your using their house , and they've legally rented it to you - you may not look after it as precious as it were your own home, but one would be respectful enough to know to pay the owner!

      Good luck and stand up for yourself as you seem quite soft- I would initially, but for the amount they owe you even I would be beyond kindness at this stage.

  • shanakatak on 17/10/2016 - 22:48
    +7

    OP, have you tried asking them to start paying rent again?

  • Providence on 17/10/2016 - 23:45
    -3

    Where are you resident? Sydney, or Japan/China as your profile shows?

  • 01011010 on 18/10/2016 - 07:47

    OP - i would suggest you use a real estate agent as a medium if you decide that you want to allow them to stay. This creates a formal relationship and takes the pressure of you as the landlord and them as the tenant. The RE ensures that they pay, and sure it does cost you, but it keeps the relationship separate from your family relationship with them.

    I would also suggest that you put the rent up to closer to market value (if you don't want to go to market value). They've benefited financially from not having to pay rent for the last 12 months, so either they have savings or they are living beyond their means. If they have savings, suggest that on top of the rent that is paid to the RE, an amount of $100 or $200 per week is paid by EFT to you. Don't get into the position where you have to collect it or rely on them to see you.

  • Ryballs on 18/10/2016 - 11:09

    I think it's just as much the owners fault as the tenant. Why would you wait 6 months to mention their lack of payments? If I missed some rent and it seemed the owner didn't care, I'd probably stop paying too. In future get a real estate agent to manage the rental for you if you can't do it yourself and write this off as a life lesson.

    • [Deactivated] on 18/10/2016 - 12:45

      Certain cultures, it's rude to chase for money.

      Regardless of culture, it is being leased out informally. The relationship is a family -family, not landlord-tenant.

      The solution isn't an agent, the solution is vacate. An agent will just chase these people, payment will still be a problem and OP still has to make the awkward call to vacate.

      • Ryballs on 18/10/2016 - 17:42

        I agree that it's too late now. What I meant is that if he had used an agent initially, this likely wouldn't have happened.

  • MagicWhip on 18/10/2016 - 15:47

    I know you want to do what is best and you want to help. Have you considered that this level of charity to them is not helping them at all, and is, in fact, holding them back from stepping up to their responsibilities?

    You have been treated extremely disrespectfully, but that is moot. It is best for all concerned, you and them, to give them a reasonable amount of time to vacate the premises. I suggest 30 days.

  • captobvious on 18/10/2016 - 19:31

    I just spoke to my aunty and cousin they thought that I was letting them stay for free because I didn't ask for rent.

    They are making use of you. Nothing is free except freebies on ozbargains.

    • Spooked on 19/10/2016 - 07:47

      Hopefully they don't use OzBargains and read this thread!

  • [Deactivated] on 18/10/2016 - 20:39
    +2

    How many teeth does Aunty Bogan and Cousin Dole have between them both? More or less than the number of Tatts?

    • ahly92 on 18/10/2016 - 22:27

      i'd say the number of tatts outway their IQ!

  • syousef on 19/10/2016 - 11:16

    Update 2 (15/10/2016)
    I just spoke to my aunty and cousin they thought that I was letting them stay for free because I didn't ask for rent.

    Yep which is why even with family you don't let it go for weeks never mind months. Whether they genuinely thought this was the case or are taking the mickey OP has created the expectation or excuse.

  • Bandara on 19/10/2016 - 11:23

    I know you don't want to break the relationship. if this is the case best thing you can do is advertise the property for selling. Do it through an agent. You tell your Aunt you need money and you decided to sell your house. Sydney property market is good at the moment.

    Then your Aunt has no choice than moving somewhere affordable. You can keep the relationship.

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