VIC How to evict a person not on the lease

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Tainui

Active Member
25 April 2020
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I hold the lease to my house. I sublet a room on the basis of a two week trial then adding the person to the lease. This was a verbal agreement. The person claimed they were a yoga teacher - in reality the person is a stripper who smokes marijuana all day with dealers coming to the house. During this time I became afraid of my safety as she had screaming rants. We discussed the situation but no changes were made so I advised that she was unsuitable, could not go on the lease and needed to move out. She told me in no uncertain terms to f.....off; lots of verbal abuse and that I shld f.......move out. I went to stay with a friend and issued a formal notice to vacate on the advice of consumer affairs Vic. She has completely ignored the notice and just continues to verbally abuse me. She now has 16 days of unpaid rent. VCAT has said they do not get involved in tenant to tenant issues. The police say they cannot move her on unless they have a warrant from VCAT. I’m at a complete loss as to what to do. I’m reluctant to tell the landlord as I’ve only now learnt that it’s not legal to enter into a trial period. All of my possessions and an entire household of furniture are in the house and I’m continuing to pay rent and bills for a home I cannot live in. I desperately want to keep the house as it took me so long to find and to secure. I’d me grateful for any advice.
 

Atticus

Well-Known Member
6 February 2019
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Does she have a vehicle?.... Wait till she is out, change the locks, put her personal belongings out front.... When she returns & starts screaming like a banshee & abusing you as usual. Call the police & start recording her abuse...... Hopefully they will tell her she has to leave & take it up with VCAT if she has an issue..... Forget chasing your rent.... lesson learnt
 

Tainui

Active Member
25 April 2020
7
1
34
Thank you Atticus. I’m really tempted to do this but I’ve heard it’s illegal and I cld receive a hefty fine.
 

Atticus

Well-Known Member
6 February 2019
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smokes marijuana all day with dealers coming to the house
It's also illegal for a tenant/ visitor to carry on an illegal activity in a tenanted house
During this time I became afraid of my safety as she had screaming rants
Apply for an apprehended violence order that prohibits her from living with or coming within 50 metres of you.... Having a genuine fear is sufficient grounds
 

Atticus

Well-Known Member
6 February 2019
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Pretty sure you'll find that applies to an actual legal tenant.... Which she is not.. She's paid zero rent, you have asked her to leave, she told you to f**k off

You have said that >>> " I became afraid of my safety as she had screaming rants" .... You have had to move out of your own place while paying her rent & bills!! ..... Mate, she is laughing her tits off while getting high with her mates & will continue to do so ..... You came here saying you were at a complete loss as too what to do

Well here's the thing... EVEN IF SHE WAS a legal tenant, even one that was paying rent, if you are in fear of this person, so much so you have had to move out, then you have grounds to apply for a personal protection order. Go to a local court & apply..... OR.... keep paying her rent & bills while you sleep on your mates couch .... VCAT aren't going to move her. Police won't move her, & she isn't going anywhere while she can free load on you .
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Personal Safety Intervention Order is the way to go. Tell police you need one. If they refuse apply yourself. DO NOT TELL HER you are planning this else she may apply for one against you and then you are 'stuffed'.

If she breaches the PSIO, then go back to the police and they will hopefully take her away and charge her.

Forget going doing the VCAT path, that only works with reasonable people. Criminals and druggies are not reasonable people.
 
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Tainui

Active Member
25 April 2020
7
1
34
Who told you that?
Pretty sure you'll find that applies to an actual legal tenant.... Which she is not.. She's paid zero rent, you have asked her to leave, she told you to f**k off

You have said that >>> " I became afraid of my safety as she had screaming rants" .... You have had to move out of your own place while paying her rent & bills!! ..... Mate, she is laughing her tits off while getting high with her mates & will continue to do so ..... You came here saying you were at a complete loss as too what to do

Well here's the thing... EVEN IF SHE WAS a legal tenant, even one that was paying rent, if you are in fear of this person, so much so you have had to move out, then you have grounds to apply for a personal protection order. Go to a local court & apply..... OR.... keep paying her rent & bills while you sleep on your mates couch .... VCAT aren't going to move her. Police won't move her, & she isn't going anywhere while she can free load on you .