VIC Kicking an 18yo out of home

[sydneyphillips]

Hi and thank you for your help

We have an 18yo daughter (my stepdaughter) who we want to move out of our house. Id prefer not to go into details unless that's critical

we reside in Melbourne, Victoria

Can you confirm

1. are we legally allowed to ask her to leave now she is 18yo
2. what avenues are available to us if she refuses

She is not on the lease, was not with us when we entered the lease, does not pay board, does not care for us etc etc. She just turned up after we moved in and wont leave

 

[Rod]

The legal system is a blunt instrument.

Possibly an intervention order.

Otherwise give her a letter with a date to move out by (30 days). Check on progress during the 30 days, send her ads of vacancies, make it obvious you are now serious. Get packing boxes before the 30 days are up and put them by her door. Constantly ask how is the search coming along, etc

 

[jdogga]

Of course, you can ask her to leave. This will sound blunt - ask her to leave, if she doesn't then just kick her out and call the police if she won't go. Alternatively, pack her stuff up while she isn't there and don't let her back in.

 

[Noel Harris]

Once your stepdaughter turned 18, any obligation you may have had toward her as a minor in your household ended, and since she isn't a party to your lease, doesn't pay board, and moved in without your agreement, you and your partner are generally entitled to ask her to leave your home. This sits largely outside family law and closer to general property and occupancy rights, since without a tenancy agreement or lease in her name, she doesn't have the same protections a formal tenant would have.

If she doesn't leave voluntarily after being given reasonable notice, your options typically involve formal written notice to vacate, followed by an application to your state's residential tenancies tribunal if she asserts any occupancy right, or ultimately police assistance in a genuine trespass situation once she's been clearly asked to leave and refuses. Because the details of the relationship, any implied agreements, and your state's specific tenancy rules all affect the right approach, it's worth getting advice tailored to your situation before taking formal steps, particularly if there are wider family dynamics involved that could later intersect with family law matters. Just Family Law can point you toward the right process and, if needed, advise on how any family relationship issues intersect with it.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.