SA How Can Landlords Evict Son's Partner Under Property Law?

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20 November 2016
A son's partner & daughter came to live with him nearly 2 years ago in a house that his parents own. There is no formal or lease agreement. The relationship has turned nasty & she has had him removed by the police. How do the parents of the son & the owners of the property remove her?

The policeman did say that as the parents own the house, they can go there anytime to collect their son's gear. They fear she will trash the place. What can they do under property law?


Well-Known Member
31 October 2015

The SA government website when discussing leases states that a lease agreement can be verbal, which is what the son and his parents had. If he has been forcibly removed from the premises then they can argue the agreement between the son and parents is no longer in place.

The parents should exercise their right to collect their sons things and as they leave issue a notice to vacate formal letter with a reasonable time frame. It sounds like she will refuse and when she fails to vacate have her formally evicted by an order from the South Australian Civil Administration Tribunal (SACAT), and they will organise a bailiff to enforce the order if necessary.

Jack be nimble

Well-Known Member
3 October 2017
"Things turning nasty' really makes some suggestions difficult but, the parents must recover the house. I agree with Lance. I'd go for the leagl options but when?...before or after trying things. Was the 'nastiness' serious enough for an avo?.Was it serious enough to prevent him returning?
Is there some legal reason he cannot return for his gear when she is absent? or is he still as silly as he was to have her there in the first place.

They might also, being proprietors, change the locks for locks with keys locksmiths will not copy or open. I would not allow her to re-enter the premises but on an agreed day giving reasonable notice, made in writing or served on her,put her gear out, just inside the front gate, preferably under plastic,for collection. Another more I'd speak with a solicitor and if advised practicable, leave her notice that she can negotiate with the solicitor a short lease with bond in which she agrees to vacate the premises on a certain date or agrees to be removed. I doubt in this case any lease can be inferred as she was living only as companion to the son. He may have been nasty or decent and she may have been hell to live with or a persecuted woman but the fact is he has gone and she is still there. The age of the daughter may end up as a relevance in a legal contest. The problem is that getting resistant occupiers out can be time taking and costly. The other problem is to bear in mind the reaction of the tribunal looking at all the facts assembled and in all things be guided by good legal advice, which may include an independent hearing.