VIC Property Law - Evicting Father from Property?

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Korban

Member
27 October 2016
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I bought a property 3.5 years ago by getting a home loan and using some money 'gifted' to me by my parents.

My parents separated 11 months ago. My father moved out of the family home and moved into my vacant house where he has been living since. Originally I was ok with this as I was still on speaking terms with him for the first few months.

We no longer have any contact and it has now come to the point where I wish to evict him from my house and sell the property as he is not paying any rent, only covering the utility bills that he is incurring. On top of this he has turned my property into a storage yard for old trucks and heavy machinery.

My questions on property law are:

-How much notice must I give him to vacate my property with all his belongings?

-Does he have any claim to the money he 'gifted' to me?

-Does he have any say over me wanting to sell the property?

Thanks for your help.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Recommend you give 30 days notice to vacate. If he fails to move out apply to VCAT for an eviction order.

If he still fails to move after the time ordered by VCAT, then you go to police with the eviction notice in hand and say you need help to evict.