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VIC Getting Rid Of Co - Tenants No Lease Agreement?

Discussion in 'Property Law Forum' started by Yolan, 23 December 2014.

  1. Yolan

    Yolan Member

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    Hi there,
    I live with another girl and a couple. I have lived in this property for 2 years but none of us are on the lease. The last tenant on the lease moved out about 6 months ago. Since then the couple have refused to pay bills and rent on time and this month when I notified them of amounts owing the girl said she didn't believe me and refused to pay rent and bills. They are both interstate until the 17th and rent is due on the first..... I have informed the landlord of what is happening and my intention to replace them with new tenants. I'm wondering how to go about this legally? We do not have a valid lease agreement. Can we just change the locks or must we wait until they don't pay before giving them an eviction notice?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Yolan,

    If there is no written lease, chances are there is no agreement. As such, you should be entitled to evict the tenants. However, you can double check with the Residential Tenancies Authority. They also resolve tenancy disputes so if the tenants refuse to leave, you can contact RTA again.

    I suggest in the future, enter into a written agreement with your landlord. It will make everything easier if it is written down.
     
  3. Sophea

    Sophea Well-Known Member

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    Is there a lease agreement that is in someone else's name? I.e. the person whose lease you took over? If that lease is still in effect, then you are effectively subletting from that person and they are responsible for everything that is to be paid under the lease. Have you paid bond to the real estate agent? As Sarah said, though I would chat with the residential tenancies authority, or else check out their website, they have a lot of info and FAQs
     
  4. Yolan

    Yolan Member

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    Noone who currently lives at the house has signed a lease or lease transfer. The last guy who was on the lease moved out about 6 months ago. It is my understanding the actual lease expired years ago and it's been month to month rent payment since then. We have not paid a bond. We pay our landlord cash every month.
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi Yolan,

    If it is a periodic month to month lease then unless there is a lease agreement that says otherwise, the landlord can ask a tenant to move out at short notice. Again, contact the Residential Tenancies Authority and make sure you have a written contract next time so that the tenancy is legal.
     

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