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I have a guest that has overstayed his welcome by 2 years! -

Customer Question
I have a guest...

I have a guest that has overstayed his welcome by 2 years ! - as, after moving in via verbal invitation for a couple of days or a couple of weeks, he had to have a hip replacement, so out of kindness, I let him stay longer, then there was the recovery period, then physio etc. then time to slowly return to the workforce by doing temp assignments for catering/waiter positions, to which he has only just finally been accepted for a 3-month probationary period, for a permanent position, at a cafe restaurant. He has, over time, become more and more verbally abusive and bullying, and has been threatening in manner and speech, and in also threatening me, if I should try to have him evicted etc., I have since learnt of his previous situation as similar kind of scenario of difficulties, and apparently has had an AVO taken out on him via a previous boyfriend, and I now have an awful suspicion that he basically runs a brothel style massage service, from my very own bedroom, which he occupies in my one bedroom apartment, of which I am the sole leasee tenant and has apparently made himself a nuisance, of which verbal complaints, have come back to me about his behaviour and activities from surrounding neighbours.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

NSW

Lawyer's Assistant: Has anything been filed or reported?

I rang the police and they advised that with 'domestic disputes' are normally handled via the tribunal and police don't/can't get too involved and cannot have someone removed, even if they are threatening

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's basically the situation at present .... I want to go ahead and give this person written notice to vacate and want to check the correct way to go about it .. .especially legal complications etc.

Submitted: 5 months ago.Category: Australia Law
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Answered in 10 minutes by:
11/23/2017
Solicitor: John Melis, Lawyer replied 5 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,449
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 5 months ago

The notice to vacate based on the detail you have provided should be completed and issued by a lawyer.

Do you require assistance with having this notice drafted ?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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