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rent overpayment and damages

#Post
1

soo my tenant has done severe damage to my home, (example one bedroom is an entire re gib) has been given notice and is currently $1600 odd in advance, could i use those $ for repairs? whilst they are still in property.

fast_or_last - 2020-12-28 17:48:00
2

and... ok dont count my chickens, they may not pay their rent for a period for all i know, meaning there in fact wont be advance payment and id have to chase it from bond, but while its there can i

fast_or_last - 2020-12-28 17:50:00
3

any advice?
get property manager...yeah i know, past that now.

fast_or_last - 2020-12-28 17:55:00
4

I’d be ringing tenancy services tomorrow.

deerhurst - 2020-12-28 17:56:00
5

But I’d say you can’t take their rent in advance to pay for repairs.

deerhurst - 2020-12-28 17:56:00
6

No.

sparkychap - 2020-12-28 17:57:00
7

No as above, that is for the tenant. You have to go down your landlord route to get some money for repairs.

msigg - 2020-12-28 18:53:00
8

Can that advance be transferred into bond? ( I don't know )

marte - 2020-12-28 19:29:00
9
marte wrote:

Can that advance be transferred into bond? ( I don't know )

Maximum bond amount is four weeks rent.

sw20 - 2020-12-28 19:45:00
10
sw20 wrote:

Maximum bond amount is four weeks rent.

And even if the OP hadn't taken the full bond allowed, they still just couldn't take the advance rent and convert it to bond, unless the tenant consented to it.

Edited by sparkychap at 7:52 pm, Mon 28 Dec

sparkychap - 2020-12-28 19:47:00
11

ring tenancy services immmediately

spead - 2020-12-28 20:27:00
12
spead wrote:

ring tenancy services immmediately

No point, They closed at 5.30.

sparkychap - 2020-12-28 20:41:00
13

Get on to tenancy services for advice. Gosh sounds like they have made quite a mess.

megan109 - 2020-12-28 20:46:00
14

Best policy is not to have rental property. Just lots of hassles

megan109 - 2020-12-28 20:49:00
15

Sometimes you can get good tenants.

tygertung - 2020-12-29 08:38:00
16

Have you given them the 90 days notice.Take photos for proof. You have to have before photos as well or you'll lose at the tribunal as you have to prove they did it.

blueviking - 2020-12-29 09:00:00
17

ive been given solid advice. ty... basically if tenant agrees to it can be deducted, i do the repairs and get tenant to sign liability for the costs.

fast_or_last - 2020-12-29 19:32:00
18
fast_or_last wrote:

any advice?
get property manager...yeah i know, past that now.

Lets hope the property manager you get is better than the one who "looked" after the rental next to my house. All show and talk but bloody useless looking after a $450,000 property.

hammer23 - 2020-12-29 23:38:00
19
fast_or_last wrote:

ive been given solid advice. ty... basically if tenant agrees to it can be deducted, i do the repairs and get tenant to sign liability for the costs.

Sooo...if you've used up their advance rent, they are now technically in rent arrears....?

sparkychap - 2020-12-30 08:58:00
20

I do not think that money paid to the landlord specially "ear marked" as rent in advance can be siphoned off to pay for repairs, unless of course if the tenant agrees..
As an aside it would be interesting to know the circumstance that lead to rent becoming paid in advance !!

onl_148 - 2020-12-30 13:12:00
21
onl_148 wrote:

I do not think that money paid to the landlord specially "ear marked" as rent in advance can be siphoned off to pay for repairs, unless of course if the tenant agrees..
As an aside it would be interesting to know the circumstance that lead to rent becoming paid in advance !!

Rent is always paid in advance, so I assume you mean "more than typical two weeks rent in advance"

sparkychap - 2020-12-30 13:36:00
22
fast_or_last wrote:

ive been given solid advice. ty... basically if tenant agrees to it can be deducted, i do the repairs and get tenant to sign liability for the costs.

Hopefully you will do it in the reverse order though.......
1 get costs
2 talk to tenant ask to sign an agreement to meeting the costs with the overpaid rent
3 then do the repairs.

shanreagh - 2020-12-30 13:55:00
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