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VIC Property Rights - How Can I Evict Subtenant?

Discussion in 'Property Law Forum' started by Litsa, 4 August 2016.

  1. Litsa

    Litsa Member

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    Hi,

    I have a question in regards to a rental real estate matter.

    I rented an apartment and I am on the lease. A few weeks ago, I advertised for a housemate via a University website. A person came and we had an interview /inspection. I went through with them the rental cost per month (equal half of rent), bond (which was four weeks rent) and bills to be paid in half.

    They paid bond and one month rent.

    I also told them that each of us would have to give 28 days notice for ending rental agreement. I also asked them if they would be willing to be on the lease, they said no as they are on a student visa from overseas.

    I wrote up a contract for the both of us and emailed it to them, however, they have not signed it, even though we went over it together and it is in their inbox.

    Two weeks later, I feel unsafe and unsettled with this person in my home. I have given them a written letter issuing them a 28-days notice to vacate. In this written statement, I gave an evacuation date and reiterated everything in original contract, that bond will be returned in full if there are no damages/loss to property and keys returned, etc.

    This person has become very angry and is now saying that they will report me for subletting the room. Now they are now saying that they will not leave by the 28-day date if they have not found another suitable rental .

    What are my property rights?

    Have I broken the law - even though I requested for them to be on the lease and they refused? How can I make sure that they vacate by 28 days?

    Thank you
     
  2. Sophea

    Sophea Well-Known Member

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    A head tenant must get written permission from the landlord before sub-letting. If a tenant sub-lets the property without doing so, the landlord can serve them with a 14-day notice to vacate (end the tenancy and leave the property). I'm not sure whether you can enforce an illegal subletting agreement.
     

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