VIC How do I get my mother legally removed from my house

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19 January 2021
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How do I legally remove my mother from my house who is making my life hell?
I bought an investment property after my dad passed away. They were divorced. She is bad with money, and spent most of her inheritance of 300k from 4 yrs prior. Additionally in that she was seeing some younger guy who ripped her off 130k by saying be needed it for this or that to stay out of trouble. As she was renting and only had about ³ yrs left to pay that, I sad she could live in the home I bought free. Then my marriage fell apart and I moved in, I am still settling the financials of that breakup, and buying him.oit, so I'm laying the mortgage that's left Inc all rates bills, insurances, water bills, costing 1700 a f.n. all she pays is 300 a f.n for gas and elec. I have been at dad's house since may to renovate it and sell so any power and gas she's paid for has been her own. I've also been paying all the bills at dad's although that hose is encumbered. Because she lived here before me her stuff was everywhere. She's in the main bedroom and lounge, all her stuff in the bathroom laundry, we use a bedroom for clothes, which is more than half taken up by her. I'm in the smallest room , the built in robes is full of her stuff except two shelves for me... Once I came back I realised hey this isn't fair, and raised it many times, long story short shes refusing to swap Rooms and areas, she's been very difficult creating arguments , and I want her out. I offered to build a granny flat, which would lose most my backyard , then I offered her to convert the garage not good enough for her. She won't leave , she has no where to go really however not my problem anymore, she won't take the next step with lawyers to try get her money back. I'm just a cash cow and it's all too easy for her here. She complains about everything and wants everything her way and loses it if I put my foot down. Help me get her out.
 

Bananatree

Well-Known Member
26 April 2019
45
1
129
Even without a written contract a verbal contract suffices and payment of $300 a fortnight implies a lease and therefore both of you are given rights as landlord/tenant. Therefore you can issue her a notice to leave if you give the required notice (you can look up the reasons and see if any apply or use without grounds).
Have a look at tenants vic for more info
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Cancel the lease by giving 30 days notice. After that she is a guest and can be evicted.