Evictions take a toll, and the process can be long and unfair

Evictions take a toll, and the process can be long and unfair
Leah CalnanDecember 8, 2020

Have you ever stopped to think for a moment what it’s like for a property manager to evict a tenant, a person from their home?

I fully accept and agree it has to happen at times, especially when the tenant is behind in rent. But have you ever thought for a moment how you might feel or what happens or how it gets to that point?

Sometimes situations arise, and as human beings we sometimes choose not to want to deal with it.  It’s easier just to put our heads in the sand and hope it goes away. But I am afraid it doesn’t go away – it just gets worse!

Recently my office experienced a situation where the tenant who was experiencing a vast array of illnesses was continually failing behind with the rent and always had a different excuse each time as to why she hadn’t paid the rent.

The matter proceeded to court, where an order of possession was granted and the tenant failed to attend the hearing, so the owner was left with no choice but to purchase a warrant to have the tenant evicted.

A day or two before the eviction was due to take place, the tenant applied for a review on the court’s determination.  We attended the hearing – she didn’t.  Again the warrant was reactivated and the 14 days (as it is in Victoria) started all over again.

Then the tenant’s father called and begged for more time.  He wasn’t prepared to pay any of the arrears that his daughter owed, but he thought the owner should let them have more time and not evict his daughter.

All this happened and still no rent was paid.

The execution of the warrant finally took place and upon entering the house there was absolutely no sign at all that the tenant had packed a single thing.

The Salvation Army became involved and they needed numerous times and dates to co-ordinate the removal of the tenant’s goods.  This process took another three weeks.  And yes, it’s always a better result to have all the goods removed rather than proceed down the pathway of storage and auction etc., but at the end of the day – what does the owner receive?  All the rent is still outstanding, nothing has been paid and the tenant has effectively used the property as storage for the past three weeks without paying a cent.

Sometimes the perception of an owner is so misconstrued. For my owner this was his first time as an investor.  He thought he was always fair and reasonable to allow some extra time but in the end – what does he get – nothing but a lot of stress and probably a strong inability to trust again in the future!

The end result for this owner is he will fight the insurance company for the next month or two for a fair and reasonable settlement.   A process, a system and outcome that really is a little unfair!

Leah Calnan is the director of Metro Property Management in Victoria and is the chairwoman of the REIV Property Management Chapter.

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