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I have a person who is renting a room and sharing with me.

Customer Question
I have a person...

I have a person who is renting a room and sharing with me. I’m the owner and I’ve asked to leave and he has up to Monday and refuses to leave. We do have a written agreement stating I will rent him a room but there no time frame accept he will give two weeks notice if wants to leave. There is mention of how notice I need to give him. Now he is threatening and trying to blackmail but saying he will sue me.

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

Queensland

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

I went to the police but they said they can’t help

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

He threatened me and that is the reason I wanted him out

Submitted: 5 months ago.Category: Australia Law
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Answered in 3 minutes by:
3/8/2018
Solicitor: Leon, Solicitor replied 5 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,918
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 5 months ago

Good Morning

Because there is no time frame and there is no breach you have to give him 2 months notice on a form 12 in QLD

https://www.rta.qld.gov.au/Renting/Ending-a-tenancy/Notice-periods-for-ending-a-tenancy

He can take you to QCAT if you do not give him the correct notice.

You can download the form them the bottom of this next link

https://www.rta.qld.gov.au/Forms-and-publications/Forms/Forms-for-general-tenancies/Notice-to-leave-Form-12

If he is in breach then you can reduce the notice period and you an see the time you have to give based on the breach.

You have a periodic lease because there is no end date.

If you fell threatened and that he may cause you harm you can consider taking out a peace and good behaviour order.

You have to apply for that in Court

http://www.courts.qld.gov.au/going-to-court/applying-for-protection

But you have a right to end the lease but you have to give him the correct notice.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Solicitor: Leon, Solicitor replied 5 months ago

Good Evening

I am just following up my last post.

Have I provided you with an answer to your question or is there something more you wish to ask?

I look forward to hearing from you.

Regards

Leon

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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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