Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

How much notice do I need to give people living in my home…

Customer Question
How much notice do...

How much notice do I need to give people living in my home who have BERN paying a small share if bills? i gave them a temporary home when they were homeless back in February and now want to sell.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Has any paperwork been filed?

No

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

Font th8nk do dont think so

Submitted: 8 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
12/3/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,555
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 8 months ago

if they are only visitors you can tell them to leave immediately.

if they are tenants on a weekly basis you need to provide then notice in accordance with the residential tenancy Act.

how long has the person been living there for ?

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
They are not visitors.
They were neighbours, and were living in their car.i asked if they’d like to stay for a while.
They have been here since February 2017
They are paying a share of bills, around $180 per week. The rentals here are about $700 per week, a room about $250 - $300pw.
If I want them out sooner than any notice period, Can I pay compensation?
My father, next door, says they can live with him until Feb. without paying anything. They have already moved items to his place.
Solicitor: John Melis, Lawyer replied 8 months ago

the residential tenancy laws will apply and notice under the tenancy act will need to be given to the people to vacate.

the following link will provide you the timelines that need to be complied with: https://www.rta.qld.gov.au/Forms-and-publications/Forms/Forms-for-general-tenancies/Notice-to-leave-Form-12

does this answer your important question today ?

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
Reading info from the rta website, these people could be lodgers therefore require reasonable notice. That could mean 7 days notice, as they (sometimes) pay weekly.
They have not paid this week. There is no bond.
If they agree to move in with my father, does that remove the need for me give notice?
Can I pay compensation in lieu of notice?As they have not paid, can that be a breach and therefore asked to leave? How much notice does this mean I have to give them.
Solicitor: John Melis, Lawyer replied 8 months ago

yes you are right with your review.

i you compensate the tenant in lieu this needs to be done careful to avoid breaches of the legislation.

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,555 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
My son has a house which he bought with his compensation
My son has a house which he bought with his compensation money through work place injury. He doesn't have a steady job and can't get disability payments either so no steady income. He's behind in rate… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I live in Queensland (family are from USA and are permanent
I live in Queensland (family are from USA and are permanent residents, moved here in 2001.) My son is 18 years old as of July 13, 2014. In the home he is violent and threatening (throwing things, brak… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I have three weeks timeshare and have a body corporate annual
I have three weeks timeshare and have a body corporate annual account for $2229. It is no longer viable to pay this amount when i can get a better holiday independently and one of my choice. I can no … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My partner and I own a house together, she has left me and
My partner and I own a house together, she has left me and walked out but says the she should still be able to live here. Is she entitled to say here? Is there an arrangement that could be done to cov… read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
i have recently seperated from my partner of 4yrs and we are
i have recently seperated from my partner of 4yrs and we are both lesbians, a majority of the furniture came with her and i dont disput that but we bought things when we were together and as i am on a… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I purchased timeshare some years ago,the written agreement
I purchased timeshare some years ago,the written agreement was you would only pay the maintenance fee from the year you wanted to occupy the timeshare, in other words had you not begun to use it for t… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Outstanding rent from lodgers My lodgers have stopped paying
Outstanding rent from lodgers My lodgers have stopped paying me rent since 24 Sep when I gave them notice to move out. I have taken them to CTTT. If CTTT rules that they are lodgers and doesn't want t… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Lodger Protection in NSWI want to evict my non paying abusive
Lodger Protection in NSW I want to evict my non paying abusive lodgers. I will wait for them to go out and then change the locks. How do I deal with their belongings left behind? Should I put them out… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I had a hair salon business, which I had to close due to no
I had a hair salon business, which I had to close due to no profit. I leased the equipment, Stools, mirrors and Basins, and tried to sell them myself without success. Gave them back to the leasing age… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hello My brother and I have owned a property toegether now
Hello My brother and I have owned a property toegether now for past 5 years. We both have equal share but I contributed 5% deposit towards house.We both share mortgage repayments and repairs equally .… read more
Peter J R Gauld
Peter J R Gauld
Solicitor
Bachelor's Degree
571 satisfied customers
Reversing from a parking bay I stop after seeing a car behind
Reversing from a parking bay I stop after seeing a car behind me and up 2 from the left of my car driving out of a parking spot without looking , so I beep the horn but the car slams into my back bump… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am owed $15000.00 plus damage to my property which i have
I am owed $15000.00 plus damage to my property which i have rectified my tennants didnt pay rent for 9 mnth i was outback and didnt know. when i found out i have persued them .they pay $200 a fortnigh… read more
Peter J R Gauld
Peter J R Gauld
Solicitor
Bachelor's Degree
571 satisfied customers
My partner recently broke up with me, we were recognized by
My partner recently broke up with me, we were recognized by the Australian defence force as a defacto couple since January 27th 2005, am I entitled to half his superannuation as people keep telling me… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My mother is being told she has to sell her house as my step
My mother is being told she has to sell her house as my step fathers's sons want their share now. The courts said that Mum could stay there until she passed away or went to a nursing home. When Mum do… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
My husband and I bought a new holden commodore in jan 08,
My husband and I bought a new holden commodore in jan 08, We have been complaining about a knocking noise after a lot of holden serviceman trying different things. we took it last week to another and … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My husband & I own 50 acre property since 2000. In 2004 we
My husband & I own 50 acre property since 2000. In 2004 we let family , father inlaw put a pre fab home on a spot on the property. We put power to the house ,water tank & shed. Need to seek advise on … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I have a property in Queensland with four large pines. The
I have a property in Queensland with four large pines. The neighbours have been complaining that the branches fall on thier properties in storms and want to be assured that I have liability insurance … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
i,m selling my property and i have found tha someone took caveat
i,m selling my property and i have found tha someone took caveat against it, i have never dealt with those people, i have never received any warnings or any notification of such action.I have lived at… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x