How to remove renter from my home

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julianarmeni

Member
20 July 2021
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I have a room in my home rented out to someone. I only have a verbal agreement with him, did not complete any of the official paperwork and have no evidence of rent paid. The room is not lockable and is part of the home I am currently living in. From what I have read it appears this arrangement may consider him to be a Licensee rather than a tenant. is this correct? If so what are my rights to have him removed from the property. He has not caused any major damage (minimal minor damage) but isn't complying with general house rules and is refusing to communicate at all.

I have spoken to consumer affairs but the person I have spoken to has stated a licensee could only exist in a commercial agreement rather than residential, I'm just not convinced at this stage and would rather make use of a quicker process of removal than the 60 days + process I would need to go through for removal of a tenant.

Thanks in advance for any advice.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Not enough to be able to comment. Could go either way. And CAV cannot and do not issue legal advice.

Licensees are possible in a residential situation, just can't say without more detail. Absence of a lock will not be determinative by itself

You can assume the person is a licensee and act according. Give notice to vacate and see what happens.

We can assist if you are in Victoria and need legal advice.