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How can I evict a 19 yr old son from my house.Not interested…

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Good morning,

Lawyer's Assistant: Hello. How can I help?

How can I evict a 19 yr old son from my house.Not interested in getting a job.disrespectful and not obeying the rules of the house, disturbing our sleep, and does not contribute to anything in the house hold.He sleeps all day and goes to pubs at night and returns early morning hours waking the household.We have given him verbal notice 2 weeks ago as we are away for the 2 weeks school holidays and cant leave him on his own in our house as he will sell our possessions and may trash the home with parties.We are happy to pay for accomodation and food elsewhere but not for his addictions and uber.We are leaving on Friday and he refused to leave.Any advice and need to know my rights.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

My name is*****: What steps have you taken so far?

Qld, Brisbane

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

Just a verbal notice that he will need to leave as he is not contributing, aggressive and disrespectfull and disturbing our peace and sleep.We told him we will pay for accomodation, room in a shared facility or unit($200 pweek plus food)We gave him the option to look for a place on flatmates but not interested.Lived for 5mths with gf at her parents house.Relationship broke up and they are constantly in contact, fighting and sometimes even goes back for a few days till they tell him to leave.He is doing a gap yr and planned to go to uni nxt yr.Emotionally unstable, drinks and smokes excessively, not sure about drugs.Not sure where he gets money from as we only do accomodation and food for him.He is still vety involved with the gf family, not good people at all.He did well in yr 12 although he was often in trouble.Got an OP of 5 and Op 3 with bonus points.He derailed completely, does not want help at all and is making our lives hell at home.We are scared of him and do lock away jewelry and cash.

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Answered in 1 minute by:
3/26/2018
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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Good Afternoon

It is not a simple matter

You will have to give him a notice to leave the house.

If he does not then leave you will then have to make an application to the Magistrates Court to get an order that he be evicted.

The notice has to be in writing and you should keep a copy of it.

He is not a tenant because he does not pay rent.

You would be arguing that he is a lodger.

There is no tenancy agreement in place.

If you fear for your safety and he is violent you can consider an intervention order that would say he is not permitted ot live there.

But you have to show that you have fears and he is violent.

These are your only options.

I note my colleague has sent a message but seems to be away as 10 minutes have passed since he has sent his first response.

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. You rating my work 5 stars allows me to continue to provide a service to those who require it.

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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Customer reply replied 4 months ago
Hi Leon,
How and where does one gets an intervention order.Can you also please define "violent", does that needs to be phisical violence.Where does verbal abuse , screaming and swearing fit in.Very angry at us for not giving him money for alcohol or cigs.He belueve it is our responsibility to supply him money as his friends at uni parents are doing so.
Customer reply replied 4 months ago
I need your answer in writing as I need to show my son.

Good Afternoon

You can contact the police if he has bee violent and report it to them or attend at the court and seek t have a private one.

in QLD they are known as protection orders.

Here is some information from Legal Aid QLD

http://www.legalaid.qld.gov.au/Find-legal-information/Factsheets-and-guides/Legal-information-guides/How-to-apply-for-a-domestic-violence-order/What-orders-can-be-made-by-the-court

If you wish to apply yourself it is for a good behaviour order and the link below has the forms to be completed.

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

I hope this assists with your further question.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,918
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Hi Leon
I have rated you a few days ago.
Thanks
Erica

Good Afternoon

Thank you and all the best

Leon

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