澳洲Australia property Evicting a tenant in your strata complex
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I have a friend of mine living in a very wealthy part of Sydney who has an abusive drug taking alcoholic as a neighbour. She harasses the neighbours both in the day and night and has a violent boyfriend so betwee. The two of them are causing the other apartment residents grief. An AVO has been granted to the neighbours. The managing agent won't evict her as they are getting well over market rent. My friend was told that there are procedures in place to have the tenant evicted but it will take six months. Does anyone know of any quicker way to have her evicted?
Get the head of the body corporate committee to call the owner direct and have a quiet chat about possible resolutions. Gently point out that the owner is responsible for damage caused by the tenant.
Presumably the troublemakers are on a fixed term lease and would need to be evicted. It will not be a fast process so the sooner you get it started the faster it will resolve.
Expect the behaviour to get much worse during the eviction process particularly if she finds out your friend is behind it. Might be easier just to move if she is renting and let someone else deal with them.
That being said I barely spoke or saw my neighbours when I lived in a complex. Maybe she can use a side door and just avoid them.
Eviction is not a simple matter.
We had a tenant who was causing complaints to the PM about loud and disruptive behaviour. Our PM advised the neighbours to call the police on each occasion so that there was an official record. Once that was done our PM would be in a position to issue a breach of lease conditions, and there is something in there about "quiet enjoyment" of adjoining properties. 3 breaches and eviction procedures can commence.
However, should the occupant be an owner occupier there is often little the neighbours can do. A tenant is legally in similar territory, so eviction because neighbours don't like their lifestyle is not easy.
If the owner and PM are reluctant to take action, there is little your friend can do. Calling the police when justified is probably the best action.
Another avenue is to check with your state authorities, as I believe a tenant can lodge a complaint with the body corporate as this person is clearly breaking by laws. The onus is then on the body corporate to take action.