VIC Evicting a boarder with no written agreement

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IW66

Member
2 August 2021
1
0
1
In May last year 2020, I invited an acquaintance who had been couch surfing a room in my house on a hand shake agreement, they could have a room pay a fee to cover cost plus food for no fixed period however it was on agreement that if it did not work or situations change it would end. Basically once job keeper finished I have received no more reimbursement for cost so roughly 6 months and they have now taken over one end of the house and is not looked after with rubbish just left to build up which I have pictures of. They also invite strangers into my house at odd hours of the early morning and have refused to leave when asked, all this due to my compassion for assisting someone who was down on their luck and a extended covid lockdown. I know various possessions of mine have gone missing and my own room has been searched with a small amount of cash taken from bedside draw although claims no knowledge of any of these instances and I have no hard evidence to support my claim. This has left me in a state where every time I leave my home I am constantly worried and want to get back, this is impacting my work and my mental health. I did recently visit the local police station and seek their advice, to which they said they could evict immediately if I requested the person to leave in front of the police & they refused however this was contrary to the research I had conducted and I did not want a mistake to occur as I was concerned for any repercussions. This person is taking full advantage of my generosity and will not leave and I am stuck not wanting my house to be trashed, paying all bills while they don't care how much electricity they use or any of the utilities as they refuse to pay.

What are my rights as from the research to date even if I can legally evict they have the right to stay for another 60 days, the advice on consumer affairs website and for that matter anywhere is extremely minimal when it comes to boarders with no signed agreements can anyone provide advice and potentially assistance
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
The person is a guest and can be evicted, physically if needed.

Give the acquaintance an ultimatum they will be evicted on x date. * important - Do not warn them of consequences.

Then when the day passes and he/she is still there, hire security for a few days time, notify police he/she is being on x+5 date. Have a locksmith ready to change locks as soon as the person is outside. Have evidence on hand of your sole right to reside at the property ready if police ask for it (loan, lease, bills).

Warn person they will be trespassing if they come back onto the property (hand them a letter stating this). Make sure letter is dated.

You do not get involved on the day, just make sure your property is not removed and let security handle the rest.
 

PosComs

Well-Known Member
25 March 2021
28
1
124
Perth, WA
get a protection order out so conditions are they are to not come near you etc, the cops have to take your statement and get them removed, we just went through this ordeal except the "female friend" decides that she is a DEFACTO not just a mate we gave the couch too, so we had to fight for 2 yrs I believe she is getting removed today by trustees :)> there is light at the end of the tunnel - do not wait, we left her while we went away working in another state as she offered to housekeep in exchange for accommodation so no lease etc and when Covid was coming we told her we were going to return home and she pulls all the moves then, nearly ended up in family court except we had to go bankrupt get house sold and equity returned soon. If only we could name and shame on a massive bill board her name would be up in lights warning people of these CON ARTISTS, a lot of time, money and fighting this vicious and vindictive evil woman - little did we know she made her career on doing this previously but same mate due to our generosity and cause we care about the plight of humans that appear down on their luck - we offered her our help.