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John Melis
John Melis,
Category: Australia Law
Satisfied Customers: 555
Experience:  Principal Lawyer at Legal AU Pty Ltd
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I have a boarder who will not leave, how do i legally get

Customer Question

i have a boarder who will not leave, how do i legally get rid of him?
JA: What state are you in? It matters because laws vary by location.
Customer: tassie
JA: Has anything been filed or reported?
Customer: not yet as i dont know what to do, i have had police to the home years ago for domestic violence
JA: Anything else you want the lawyer to know before I connect you?
Customer: what are his rights to a claim for property setlrment
Submitted: 3 months ago.
Category: Australia Law
Expert:  John Melis replied 3 months ago.

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

Expert:  John Melis replied 3 months ago.

Dear customer, is there a written lease in place?

Kind regards *****

Expert:  John Melis replied 3 months ago.

Dear customer, where there is a written agreement with the boarder, the removal of that party from the premises will be subject to the condition of that agreement and subject to the Residential Tenancies Act 1997.

Where there is no agreement you the conditions of the boarder will also be subject to the Residential Tenancies Act 1997.

You may issue a notice to vacate under section 42 or the Act:

Division 2 - Notice to vacate 42. Notice to vacate by owner

(1) An owner of residential premises, including but not limited to social housing, may serve on a tenant of the premises a notice requiring the tenant to deliver vacant possession of the premises to the owner for any of the following reasons:

(a) that the tenant has failed to comply with any provision of the residential tenancy agreement;

(b) where the residential tenancy agreement is not for a fixed period, that –

(i) the premises are to be sold or transferred to another person; or

(ii) the premises are to be used for a purpose other than as residential premises for rental; or

(iii) significant renovations are to be performed in respect of the premises; or

(iv) the premises are to be used as a residence by a member of the family of the owner;

(c) . . . . . . . .

(d) that a residential tenancy agreement is due to expire not more than 60 days after service of the notice;

(da) that, where the residential tenancy agreement relates to social housing –

(i) the income, from the prescribed sources, of the tenant (or, if the tenant is a member of a household, of all members of the household), for a continuous 12-month period, beginning not more than 18 months before the notice is given, is more than the prescribed amount; or

(ii) the value, in the 30 days before the notice is given, of the assets of the prescribed type, of the tenant (or, if the tenant is a member of a household, of all members of the household), is more than the prescribed amount, after there is deducted from the prescribed amount the total amount of all debts and liabilities of the tenant (or, if the tenant is a member of the household, of all the members of the household);

(db) that, where the residential tenancy agreement relates to social housing –

(i) the premises contain 4 or more bedrooms, the tenants do not reasonably require all of the bedrooms in the premises and alternative premises have been offered to the tenant by the owner; or

(ii) the premises have a special facility, or modification, suitable for a person with a disability or special requirements, the tenant does not require such a facility or modification and alternative premises have been offered to the tenant by the owner;

(dc) that, where the residential tenancy agreement relates to social housing, the tenant has, without the approval of the social housing provider, for a continuous period of more than 8 weeks not occupied the premises;

(dd) that, where the residential tenancy agreement relates to social housing provided by a social housing provider who leases the premises from the Director of Housing – the lease of the premises from the Director of Housing has expired or is to expire, or has been, or is to be, terminated by the Director of Housing;

(e) that an order has been made under section 86 of the Land Titles Act 1980 for foreclosure of the premises;

(f) that the premises are to be sold pursuant to section 78 of the Land Titles Act 1980;

(g) that the tenant has caused nuisance at the premises that is substantial.

(1A) For the purposes of subsection (1)(b), significant renovations are to be performed in respect of premises if –

(a) the premises would be unfit for occupation while the renovations are taking place; or

(b) were the premises to remain occupied by a tenant during the renovations, there would be a risk to the health or safety of any tenant, any visitors or any person carrying out the renovations.

(1B) The regulations may prescribe for the purposes of subsection (1)(db)(i) the circumstances in which tenants do not reasonably require all of the bedrooms in premises.

(2) A notice to vacate is not required if –

(a) the tenant has abandoned the residential premises; or

(b) an application under section 41 is made for an order of termination.

(3) Any payment of rent after a notice to vacate takes effect does not constitute the existence of a new residential tenancy agreement.

(4) In subsection (1)(b)(iv) and subsection (5), a reference to an owner in relation to a member of the family of the owner does not include a reference to a person who is an owner by virtue of paragraph (c) of the definition of owner in section 3(1).

(5) In this section – member of the family of an owner means –

(a) the owner's domestic partner, son, daughter or parent; or

(b) a parent of the owner's domestic partner; or

(c) another person who normally lives with the owner and is wholly or substantially dependent on the owner.

(6) In this section, a tenant is a member of a household if the person is one of 2 or more persons, whether or not the person is related to any of the other persons, who –

(a) occupy the same residential premises; and

(b) contribute money for the purchase of food to be consumed at the premises or for the payment of amounts (apart from rent) owed for the provision of goods or services to the premises.

I recommend, subject to the facts, that all communication with the boarder be in writing.

Kind regards *****

Expert:  John Melis replied 2 months ago.

Dear customer, if you would like to discuss this matter further, I welcome you to request telephone services.

Don’t forget to rate my service.

Kind regards

John Melis