My partner and I moved to a house in May. I am the only one on the lease. I work full time and he is unemployed. I was paying 80% of rent and bills. He was never on time paying me his share. In September I broke up with him and he stayed on as my housemate. We now split rent and internet 50/50 with the agreement that he will pay half the utility bills when they come in as they are variable. He is an alcoholic who was sober but has recently started drinking again. During a barrage of abusive texts, he gave me 2 months notice to vacate, then changed it to 2 weeks. He later changed that back to 2 months. This notice was by text and not an official document. He does not want to leave but I do want him to leave and am holding him to that 2 months notice. I fear that he will reneg on that and I will be stuck with him living here. Is there anything I can do to enforce his notice to vacate? Everything is in my name only.
VIC Enforce notice to vacate
- Thread starter ASTZEN
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There's a variety of methods you can use.
In all of them I'd start with an email saying you are sticking with his agreement to move out on 'date x'. Say you expect final bills by date y and you will forward a request for payment after the bills are received.
Options:
1. Do nothing
2. Make his life difficult (not advisable)
3. Have some big burly friends around on the day helping pack his stuff. Risky if friends lose control on the day.
4. Hire security for a day to 'move him' out. Good option, clean quick. Have locksmith ready on same day to change locks. Have boxes available as well, maybe a girlfriend or 3 to help pack. Possibly advise police before-hand so they are aware and you don't get unfairly hit with an IVO
5. Go to VCAT, get an order, go to court to enforce order, get Sheriff to evict (takes long time and is stressful and can cost if you can't do this yourself) I can help you with this option if needed.
6. Convince your ex to move on his own accord.
7. Take out an IVO because he is abusive, possibly making you feel unsafe. You can DIY, get legal help (I can help if in Melb), or involve police. I don't recommend police for low level stuff, they have more important cases to deal with.
Personal circumstances and personal preferences will dictate which is the best option for you.
In all of them I'd start with an email saying you are sticking with his agreement to move out on 'date x'. Say you expect final bills by date y and you will forward a request for payment after the bills are received.
Options:
1. Do nothing
2. Make his life difficult (not advisable)
3. Have some big burly friends around on the day helping pack his stuff. Risky if friends lose control on the day.
4. Hire security for a day to 'move him' out. Good option, clean quick. Have locksmith ready on same day to change locks. Have boxes available as well, maybe a girlfriend or 3 to help pack. Possibly advise police before-hand so they are aware and you don't get unfairly hit with an IVO
5. Go to VCAT, get an order, go to court to enforce order, get Sheriff to evict (takes long time and is stressful and can cost if you can't do this yourself) I can help you with this option if needed.
6. Convince your ex to move on his own accord.
7. Take out an IVO because he is abusive, possibly making you feel unsafe. You can DIY, get legal help (I can help if in Melb), or involve police. I don't recommend police for low level stuff, they have more important cases to deal with.
Personal circumstances and personal preferences will dictate which is the best option for you.
Thanks Rod for your advice. How's this for the email:
I write to confirm your 2 months notice to vacate, which you sent to me by text on 31st October 2018. This is also a matter we discussed verbally on 6th November 2018. The date we agreed upon is 14th January 2019, which is 2 months and 2 weeks from your notice given, but it was decided on 6th November would be exercised upon breach of agreements met that day, which were breached 48 hours later.
Your final rent and internet payment will be $285, made upon your vacating of the property on the 14th January. As we have verbally agreed that you will repay me the amount of half the utility bills, any bills up to that date only will be forwarded to you by email. Please pay these within 2 weeks of receipt.
I write to confirm your 2 months notice to vacate, which you sent to me by text on 31st October 2018. This is also a matter we discussed verbally on 6th November 2018. The date we agreed upon is 14th January 2019, which is 2 months and 2 weeks from your notice given, but it was decided on 6th November would be exercised upon breach of agreements met that day, which were breached 48 hours later.
Your final rent and internet payment will be $285, made upon your vacating of the property on the 14th January. As we have verbally agreed that you will repay me the amount of half the utility bills, any bills up to that date only will be forwarded to you by email. Please pay these within 2 weeks of receipt.
looks good. I'd take out the bit about breaching. Not relevant to moving out and paying bills/rent.Use breaches later if they become important breaches, but for now you just need end date and agreement to pay.
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