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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44355
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am renting out my garage. The person that rents it ha been

Customer Question

I am renting out my garage. The person that rents it ha been a problem from the start but it has come to a head and I have given him 90 days notice. I just want to now if there are any issues with him paying his rent over the next payments i.e. its late can I charge him late fees. There was no contract and it's been a year. He wants to pay direct debit I've insisted on PayPal. but he almost always paid late. He's really been trying to bully me into doing what he wants to do. Which is why I have had enough.
JA: Can you tell me what state this is in? And how long has this been going on?
Customer: NSW 1 year
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: He was paying every 4 weeks on a Friday but recently he asked for a specific date. As this would mean monthly payments the rate went up. Can I still inforce this new rate as he now has the specific date
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
I also want to know what I can do if he doesn't leave on the specified date. I have a feeling he might leave before so I am without rent, but he may not. I just don't trust this man without problems.
Expert:  Leon replied 1 year ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you have given him notice because he has not paid the rent and does not leave then you have to sue him.

Is this a commercial lease and do you have a signed lease?

Customer: replied 1 year ago.
No it's a just a garage and no lease was signed. He has paid rent I have just always had to chase him for it because he would never pay it on the day specified
Customer: replied 1 year ago.
he said I could have it whenever I want if I set up direct debit, which I had said no to from the beginning
Expert:  Leon replied 1 year ago.

Good Morning.

Generally if he is not paying you have to get a court order to get him out. Not having a lease is an issue because it is your word against his on what the arrangements are.

So hope that he leaves and it does not go to court.

I hope this makes sense and is of assistance. if there is nothing further

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