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VIC Notice to Vacate - How Much Notice to Give a Subtenant?

Discussion in 'Property Law Forum' started by CarolynJ, 4 December 2015.

  1. CarolynJ

    CarolynJ Active Member

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    Hi everyone,

    I have rented out a room in my home with my landlord's verbal permission (he is a friend). I stated no pets on the ad as my landlord doesn't like dogs and neither do I, plus I have 2 indoor cats which I also stated. A lesbian couple responded, inspected the room and bathroom (which they have use of as I have an ensuite). They told me about the dog and said if there were any issues with him they would take him elsewhere so I agreed. Then they told me about the cat but insisted he lived in their car and wouldn't be a problem, he is also accommodating my outdoor entertaining area along with the dog.

    They have been told I am not happy about the dog barking at all hours of the day and night, but he still remains.

    Last night, they had a visitor turn up sometime between 12 am and 1.30 am while I was asleep, They woke me around 1.30am with constant talking and doors opening and closing. At 4 am, after getting no sleep, I knocked on their door and confronted them. I was angry as I had to work today and need my sleep.

    Cut a long story short, as they only have a verbal agreement with me (Head Tenant) and pay their rent (bills, internet, my household appliances, crockery, cutlery, etc. included) directly to me, how much notice under Property law do I have to give them to vacate my home?

    My Landlord is not happy about the situation either but said it was my choice if I want to kick them out and give them a notice to vacate.
     
  2. CarolynJ

    CarolynJ Active Member

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    Update: They continually leave doors unlocked at night while my son and I are sleeping, making me feel unsafe in my own home. I need to get them out asap.
     
  3. sparkie

    sparkie Active Member

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    With only a verbal agreement, there is no 'notice to vacate' that you can formally take.

    You will need to talk to your tenants and rationalize with them to leave as the situation does not suit you.
    You may listen to their pleas, for a time limit, say 1 or 2 weeks and it's going to be up to you to negotiate their departure.

    I don't envy your situation. As a worst case scenario, they now refuse to pay any more rent and refuse to move, what happens then?

    You're going to need a lot of luck if your negotiating skills come up short.

    Best of luck.
     
  4. CarolynJ

    CarolynJ Active Member

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    Thanks Sparkie, I didn't think I had to give them any notice but wanted to make sure.

    These people simply have no respect for other people or their belongings.
     
  5. sparkie

    sparkie Active Member

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    Not wishing to lecture in any way, but you can see why the paperwork, as in a signed lease, entry condition report, bond lodgment, etc. ( now a notice to remedy a breach or a notice to leave) is a necessary paper trail that works in everyone's favour.

    When at the stage you are at now is reached, there is a process you can follow (with the paperwork in hand) and if it's taken to the next level the Courts can help you.

    No paperwork, no chance. Tough lesson. As the Lawyers will tell you the 'old mates verbal agreement' no longer holds up.
     
  6. CarolynJ

    CarolynJ Active Member

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    My Landlord will make sure they leave if they won't listen to me. He's a good friend and pops in to visit from time to time.
    I don't think I will have any issue making them go when I ask them to as I also know a few police officers and 1 of them has already had to front court.

    Again thanks for the response Sparkie I really appreciate it.
     

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