QLD Removing family member from property - we've had enough

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LAW123

Active Member
14 June 2020
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Long story short a family member bought a house (under their own name)to help support another another family member - huge mistake but the owner isn't capable of understanding that they're being financially and emotionally abused and used.

The "tenant" refused to sign a lease agreement first red flag, and as as you can imagine it's been nothing but pain since then (coming on 9 years). The "tenant" is financially abusing the elderly owner: No rent paid, won't pay water bill, makes up fake maintenance and gets the owner to send them money direct, demands new appliances after breaking (pawning) the old ones, heavy drug use, disobeying strata laws. The "tenant" constantly calls and harasses the owner, screaming and crying down the phone to get what they want (includes other things like cars over the years not just a house)

Obviously the owner shouldn't be falling for a lot of these things, but being the 'tenant" is a child (40 year old child by the way) of the owner they are unable to separate themselves emotionally from this and can't see they are being abused.

Anyway 9 years later the family has had more than enough, they are elderly and the financial strain of this person is impacting too much now. And finally the "owner" seems like they might be willing to follow through on getting this person out.

The tenant" is non responsive. Never answers calls or emails, phone number and email change every few months.

So my question is how can we legally get them out? The owner is in another country, the "tenant" and property are in Queensland. I am in NSW (family member) so I would like to ensure these matters are enforced by travelling to QLD and supporting.

I might also see if there is a family law forum to post as there are other issues at play here, i.e. perhaps I need to be the legal entity for this property to ensure follow-through on this matter, and what we can do about the financial abuse matter (i.e I would love to throw an AVO on her so she can never contact the owner again because of the emotional abuse, but I guess the owner will need to agree to that)

Thanks for your time, and advice.
 
Last edited:

Rod

Lawyer
LawTap Verified
27 May 2014
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Get POA to deal with the tenant issues and proceed from there.