How do you go about getting someone out of a rental house, who doesn't have a lease or a rental agreement ie: just lives there and pays rent, but only has about 3 shopping bags full of clothes, and nothing else.
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21-01-2015 16:39 #1
21-01-2015 17:44 #2
Tell them to leave?
21-01-2015 17:46 #3
21-01-2015 17:47 #4
Refuse any rent money and ask him to leave. If won't leave call the police.
21-01-2015 18:07 #5
If his name isn't on the lease then surely he would be "trespassing" and the police could escort him from the property? I'm not exactly sure though
21-01-2015 18:10 #6
I'm guessing you could put it in writing that he must vacate the property as he is not listed as a tenant on the lease and therefore not allowed to be living there. If that fails, you have evidence showing he's been told to leave once you take it to the next level (not sure what that is though). Maybe contact the RTA (qld), fair trading (NSW) or the relevant body for the state you live in.
21-01-2015 18:17 #7
I would get it sorted quickly as after a certain amount of time he will be given rights like any other tenant legally...
When we had someone like this I packed all his stuff when he was out (his public space stuff and furniture, not his room ), called a moving truck and paid for it, and told him he had until the next day to pack his room and leave or Id do it for him.
I ended up doing it for him as he just wasted time and complained.
He wasnt paying rent or bills though. Hence why I did it. He also didnt take me seriously when myself or my partner said we want you gone within a month.
But seriously....do it now and do it fast.
21-01-2015 19:48 #8
He potentially could claim tenancy rights even if he's not on the lease, if he can prove he paid rent.
Unlikely though if he paid rent to her and she paid it to the landlord. She can claim it was board not rent.
Police are not likely to get involved unless there's violence or a threat of violence. Otherwise they could be making someone homeless without cause.
I think her best bet in the first instance is to try and negotiate a departure date giving reasonable time for him to leave.
If that doesn't work I'm not sure.
When he's at work, put all his stuff outside and change the locks?
21-01-2015 20:39 #9
Unless he's on a lease or has signed a subletting document he has no rights as a tenant ( the tenancy tribunal wouldn't even see him) , the police can ask him to leave as he would be classified as a trespasser
Taking on a housemate , without consent from your landlord is a breach of your lease so always get permission first
21-01-2015 20:47 #10
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