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Question

My mother (83 yo) has asked her guest to leave her home by Friday of this week but the guest is refusing to go. What can we do about ensuring she goes by Friday?

Submitted: 228 days and 2 hours ago.
Category: Australia Law
Value: $42
Status: CLOSED
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State/Country: Australia

Already Tried:
I said to her to it would be best for all if she left on Friday. She walked away. My mum asked her tonight and she refused, she no she couldn't and walked out to her bedroom.

Posted by Maurice 228 days and 2 hours ago.

Info Request

Hello XXXXXXXX

What arrangement is this guest under in the home? a boarder? tenant? friend (gone sour)?

Does she pay anything to stay in the home? Is the bedroom separately locked as well?

228 days and 1 hours ago.

Reply

She is the daughter of an old friend who rang and invited herself to stay with Mum while she attended business in Melbourne. Mum lives 2 hours from Melbourne. She has not paid anything to stay in the home and the bedroom is not locked. She brought 2 dogs with her and Mum has had to look after them while she has been in Melbourne on 5 seperate occasions.

Accepted Answer

Hello XXXXXXXX

Thanks for that, never an easy situation with guests who out stay their welcome.

The quickest, yet not easiest, option available to you is to do as you have done, set a time to go, but what is missing is the consequences of not adhering to the request, and what you will need to do is treat this person as a trespasser in your Mothers home, and if necessary, you will need to call the Police and have her removed as if she was a trespasser (which technically she is when she does not leave at the owners request)

Not a pleasant thing to do but it beats the cost of the alternative of having her personal belongings removed from the property and the locks changed to prevent her from entering again.

I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter

Regards

Maurice

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Expert: Maurice
Pos. Feedback: 99.4 %
Accepts: 2760
Answered: 8/4/2009

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Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service

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