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VIC How Much Notice Period Do We Give Tenants?

Discussion in 'Property Law Forum' started by mindcircus, 9 September 2016.

  1. mindcircus

    mindcircus Member

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    Hi

    I'm in a situation in which I share a house with a number of other people. My partner and myself are on the lease, the other 4 people (2 couples) are not. This has not been an issue with the owner of the property (people not on lease) with previous housemates. Each couple has their own room and shares the kitchen and living areas with the rest of the household.

    We are currently wanting one couple to leave - they are causing problems for the rest of the people in the house, are extremely messy (room is a tip, including stains on the carpet and damage to the bathroom, do not contribute to cleaning any shared areas), are behind in their rent, and have become difficult to live with. Essentially we need them out as soon as we legally can.

    My question is, how much notice period do we legally have to give them? They pay rent weekly, and we have no written contract with them. There has been no end date to their time in the house set, it was a "let's see how we all go" verbal agreement when they moved in in April and things have been deteriorating since then. We'd like to be able to have them leave sooner rather than later, I'm just curious if there is an actual legal amount of notice we have to give them in this situation.

    Thanks!
     
  2. Rod

    Rod Well-Known Member

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    mindcircus likes this.
  3. mindcircus

    mindcircus Member

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    Thanks for your reply - any suggestions on what happens if they (magically!) pay the outstanding rent? They do not have any contract with us or a landlord.
     
  4. Rod

    Rod Well-Known Member

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    Not 100% sure but think it is 60 days. There is no fixed term lease in place so the 60 day notice period seems like the right option. And it is fair to the other party.

    Failing that it would be 90 days.
     

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