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I run the family property on behalf of my dad and family, on…

Customer Question
Good Morning,i run the...

Good Morning,i run the family property on behalf of my dad and family, on this property we have a few house and a cabin, I live in the main family home, we rented out the bottom home to a lady and her 2 kids, she fell behind by 7 months in the rent, The family decided to offer her the cabin to live in with her kids at a cheaper week rent which she accepted and move in 4 weeks ago, but she still got stuff in the house, we ask her just about everyday and she keeps replying se move the rest tomorrow, 4 weeks later there not much move I inform her we have arrange a skip bin plus cleaners to go thought and clean that house and repair and paint, so far she throw out them yesterday, and today wont let them in , even thought she move into the cabin the police sugges we get advise

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

NSW

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Lease ended 12 months agothen week by week

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

That's about all

Submitted: 2 months ago.Category: Australia Law
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Answered in 1 hour by:
5/31/2018
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,908
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

Did you have a lease with her for the first cabin?

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Customer reply replied 2 months ago
no lease at all she in the cabin week to week
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon

Ok

As she has now moved to the other premises you need to get her to sign a lease.

The rent that she has not paid on the original premises is still owing and she also has to continue paying rent until she gives you vacant possession.

You send her a letter of demand for the outstanding rent and to remove the items in 14 days or you will take action and sue her in NCAT.

If you choose to not charge her the outstanding rent that is your choice but you need to take action and get orders that if she does not remove them you can sell them and she is liable for any losses in rent you are suffering as a result of you not being able to use the cabin.

Issue the Notice ASAP.

Here is some information for you.

https://www.tenants.org.au/factsheet-05-rent-arrears

You have to issue a notice to get the items removed and if she does not then go to NCAT.

I hope this has assisted you with your question today.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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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).

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