Although most
states are similar in nature this section, in particular, is specific to Victoria
but other states are also coved.
Your tenant
must be over 14 days behind in rent before you can send them a termination
notice to move out. (other states a Breach Notice after 7 full days in arrears
and then a Notice to Leave 7 Full days after the Breach Notice)
For example,
if the rent is $1,000 per month and is due on the 10th (rent paid up to and
including the 9th). On the 24th you can send a termination notice.
Other states – A Breach Notice on the 17th and a Notice to Leave on
the 25th
However, if
your tenant has made any smaller (part) rent payments this must also be taken into
account.
Using the same
example if the tenant did make a small payment of $500 (instead of the full
$1000) you can’t give a termination notice on the 24th because you must take
into account the $500 paid.
Even though
the $500 is not a full month’s rent is still equivalent to 15.2 days rent.
Meaning the rent is technically paid up to the 24th (and a few hours for the
25th).
A termination
notice cannot be sent until 14 full days after the 25th providing no further
rent is paid.
How did I work
out the $500 was 15.2 days rent?
$500 divided
by the daily rate = 15.2 days
How to work
out the daily rent:
Monthly rent x
12 and divide by 365
1000 x 12 =
12000 (yearly rent)
12000 / 365 =
32.876 (daily rent)
Daily Rate:
$32.88 (this
calculation is how tribunal do it)
$500 / $32.88
= 15.2 days
If you are
using RealRenta this is Already done for you, and even more the Breach Notices
or termination notice are auto sent out for you.
So you don’t even have to think or work any of this out.
Check out the
next blogs on How to evict your tenant for not paying rent
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Jason Gwerder
Monday, 7 September 2020