Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Tenant has not paid rent for more than 6 months in south…

Customer Question
Tenant has not paid...

Tenant has not paid rent for more than 6 months in south Australia,

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

South Australia,I have placed a warrant to distrain on the door,,, and changed the lock at the same time, tenant can still access area, was it ok to have changed the lock/

Lawyer's Assistant: Has anything been filed or reported?

What do you mean

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have sent copy of warrant and inventory to tenants address, this is the last day of the 5 day period for payment, have not received any section 22 notifications

Submitted: 4 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
3/9/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,340
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

did you get an order from SCAT to evict the tenant ?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
don't know anything about scat, sa legislation says don't terminate lease before issuing warrant, that is why im asking about changing the look upon issuing the warrant
Solicitor: John Melis, Lawyer replied 4 months ago

you need to seek an order to remove the tenant from the premises, otherwise will turn the matter around against you and seek a trespass claim and restraining order and AVO against you the landlord

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

I have extended a special offer to talk on the phone about this important matter, please look, it will help you.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
this is a commercial tennant
Solicitor: John Melis, Lawyer replied 4 months ago

Same point you need to get an order.

or

Issue a statutory demand and wind up the company,

this action will usually make the tenant act promptly as they do not want to be wound up.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
ok thanks.
Solicitor: John Melis, Lawyer replied 4 months ago

you are most welcome

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars and thank you for using Just Answer.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,340
3,340 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,635 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,340 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
We bought a house that had a tenant in who was 6 weeks
Hi - We bought a house that had a tenant in who was 6 weeks behind in rent, before settlement they issued a breach notice and booked a court date to evict him. The court date was booked for after sett… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I am in dispute with my old office landlord for rent due.
I am in dispute with my old office landlord for rent due. Basically we gave notice in early feb for the rental agreement to end at the end of feb, this was agreed by the landlord. We left some paperwork, a printer and a desktop monitor in the office and did not remove until the 22march, the landlord want rent for the period from the start of march to the 22 which we are disputing with him. He raised the invoive on a thursday and had sent three message, by email, txt and social media demanding payment over the folllowing three days, with the last containing threats of being handed over to a debt collector, on receipt of this treat with sent him an email saying, amounts other things, without prejustice we rejest his bill,he then responded with a filled in small claims court document saying we have two days to pay or he would bring us to the small claims court, something I have no issus with as I don't believe we owe the debt, but what I do hold issue with is the way he finished this last correspondence , he wrote " Starting a fight with me is not what you want to do when you are growing a new business." i find this threatening behaviour , is it this the case ? … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
We are based in South Australia. We have been leasing 170
Hello, we are based in South Australia. We have been leasing 170 acres of rural land for 2 years at 6 monthly intervals for $320 a month. Recently the owners purchased the next door 300acres which adj… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
I would like to know my rights as an owner of a rental
Hello! I would like to know my rights as an owner of a rental property. … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have been renting an office for 2 hours a week. I am
I have been renting an office for 2 hours a week. I am usually invoiced monthly for a total of $120-$150. 3 days ago I received an email stating that if I did not make an immediate payment of $150 leg… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Thanks time to answer my question. it is in regards to
Customer: Hi, and thanks for taking time to answer my question. it is in regards ***** ***** unpaid invoices for work done but not submitted for payment. the invoices are for work done as a contract f… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
We are a landlord of farming land in Victoria, Australia and
We are a landlord of farming land in Victoria, Australia and the tenant is 4 years behind on rent. The tenant has livestock on the land at present, we have sent a invoice for the amount outstanding, c… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
i live in a rented duplex house. The owners have been renovating
i live in a rented duplex house. The owners have been renovating next door for 6 months. I have had no quiet enjoyment of my property. They also knocked down my back fence and filled my yard with rubb… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
We have a tenant who has been in the house for 8 weeks now
We have a tenant who has been in the house for 8 weeks now and not paid bond or any rent. We have issued her with a Breach notice for non payment of rent and now after 14 days going to issue a Notice … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
MY name is XXXXX XXXXX son received a letter from the
MY name is XXXXX XXXXX son received a letter from the south australian police stating his drivers licence is to be suspended for 6 months dating back to december 2009.He remembers losing some demerit … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
We rented a property in West Australia (live in Queensland)
We rented a property in West Australia (live in Queensland) with the intention of working over there. The work we sent our son over to do did not eventuate and after 2 months had to hand keys in and h… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I signed up with craftmatic today and now want to cancel.
I signed up with craftmatic today and now want to cancel. There is ten day cooling off. Was told that they could not speak to me for 12 months once he walked out door. How do I standf… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
We bought 2 houses on 1 block July 2010 and are in the process
We bought 2 houses on 1 block July 2010 and are in the process of subdividing. We have a tenant that rents a house from us (next door) as he did with the previous owners that sold the houses to us. He… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My neighbour has on his land title subject to free and unrestricted
My neighbour has on his land title "subject to free and unrestricted rights of way over the land marked B and C. The easement is 15 meters wide and goes from a public road 1.6 kilometers to the high t… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
we are looking at buying a property with a sitting tenant .how
we are looking at buying a property with a sitting tenant .how diffiicult will it be to remove this tenant when the lease expires as we know the tenant does not wish to move.… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi I currently live with my parents who are legally separated
Hi I currently live with my parents who are legally separated but I only pay rent to my dad my mum does nothing but harass and badger me about staying in the house she wants the house sold but my dad … read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
Hi Sirwe have tennant who is claiming her past 6 months total
Hi Sir'we have tennant who is claiming her past 6 months total rent back because we failed to fit flyscreen door and replace rear door [cracked glass] of unit,also water has entered through wall onto … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Friend operates a small cafe in Sydney NSW, rent is $5000 per
Friend operates a small cafe in Sydney NSW, rent is $5000 per month. Times been tough so been paying in installments -paid $2000 Sunday 18/4 was meant to pay $2000 Sunday 25/4 but missed it. Told land… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x