A Queensland landlord says he has been left thousands of dollars out of pocket trying to evict renters who refused to leave after their contract was up, delaying the sale of the house.
Adam Le Fevre told the ABC he was hit with "12 interest rate increases in a row" and found his Mackay investment property stopped covering its cost.
"The decision was made to bail out … before we end up down the tubes," he said.
Mr Le Fevre said he told the real estate agent who managed the property that he had sold the house and it was going to settle on April 17 — a month after the tenant's original lease was due to end.
But he was told the agent accidentally sent a lease renewal to the tenants, later confirming the error in an email and that they had notified the tenants.
"An email has been sent to the tenants explaining the legal reasons for the cancellation of the lease," the agent wrote in an email to Mr Le Fevre and his selling agent.
According to Mr Le Fevre, the situation then became "awfully challenging".
An official "notice to leave", which was sighted by the ABC, was filled out by the real estate agent in early February, dictating the tenants must be out by April 11.
The selling agent also told the owner they advised the tenants on February 5 that the house was sold and tried to help them find a new rental, but the owner said they refused the help.
"If you're desperately looking for a home, personally I'd take every option made available to me," Mr Le Fevre said.
It led to the landlord applying to Queensland Civil and Administrative Tribunal (QCAT) for a "warrant of possession", which was successful on May 14.
According to the Residential Tenancies Authority (RTA), it meant police could have used "necessary and reasonable force" to move the tenants on, but the family finally moved out in the days following the ruling.
Out of pocket thousands
Mr Le Fevre said he has spent more than $2,000 on legal representation, QCAT fees, and flights to Mackay for the tribunal, and is now being sued by the new home owners over the delayed sale.
"I feel for the tenants, [but] I wonder if they understand the carnage they have caused," he said.
"I'm just mentally, emotionally, and physically exhausted."
The tenants denied ABC's request for comment.
The managing agent said they "acted in accordance with legislative requirements … and on the client's lawful instructions".
Can Queenslanders claim squatters' rights?
Tenants Queensland chief executive Penny Carr said staying past the end of a lease "is not uncommon".
"Especially at the moment because people can't find a property to move to," she said.
"This is a relatively common matter that happens — it's called holding over, when a tenant doesn't leave on the date that they're meant to.
"I heard a recent case in NSW where people have lived a really long time in properties and they've started to pay for … rates [and] things that a tenant wouldn't normally pay — then [those people] may get squatters' rights, but they don't exist in Queensland."
Sharon Christensen, the head of QUT's School of Law, said "holding over periods" are more common in commercial leases, but noted these instances usually occurred with the landlord's permission and if the tenant continued paying rent.
She added that tenants "have to leave" at the end of a lease agreement, provided the landlord has given two months' notice.
"If the tenant doesn't vacate voluntarily, you need to go to QCAT because obviously you can't just walk in and change the locks," Professor Christensen said.
"[In Queensland], once your lease ends and proper notice has been given, in effect you've got no legal right to occupy, so you are a trespasser at that particular point in time."
She said, in these scenarios, "unfortunately … there's really no defence for the tenant".
What do you do if a tenant won't move out?
Ms Carr said if a tenant doesn't leave after being issued a valid notice to vacate, an owner can apply to QCAT for a warrant of possession after 14 days, like Mr Le Fevre did.
"[Generally, sellers] should understand that it doesn't always happen exactly on the date … you'd think there'd be a little bit of flexibility or wiggle room," she said.
"Where tenants hold over, they sometimes get threatened with all of these costs, but it's unlikely the seller or buyer will get those costs because it's just part of how tenancy works.
"There are steps to take if a tenant doesn't get out … and that's going to the tribunal."
Professor Christensen advised owners thinking of selling their home "to have the tenant vacate before you put the property on the market".
"This is a problem that seems to be growing," she said.
"There's a big risk of ending up in this type of situation, where the tenant just refuses to go, and the process to get an order from QCAT always takes time."
It's advice Mr Le Fevre agrees with: "Have the tenants out before sale".
As a Brisbane renter himself, Mr Le Fevre "understands rental properties are hard to find", but said the situation had "consumed" him and hopes it doesn't happen to anyone else.
"There will always be a need for landlords and owners," he said.
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