Share house - eviction of tenant - no lease agreement

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floorboard

Active Member
23 August 2019
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Hello legal-minded people,

I own a large house that has 4 tenants with valid lease agreements. I am in Victoria.

There was a spare bedroom and a request was made from a friend (no longer my friend) that I allow his downtrodden mate to make use of the room.

Unfortunately, this tenant is an absolute nightmare in every way possible and he needs to go - from excessive verbal abuse aimed at me and the other great tenants to property damage. I will spare you the rest of the horrors as there is a long list of unacceptable behavior.

He is making life hell for everyone and we all need him gone. As it was a favour to a friend - I did not even bother with a lease agreement. There is nothing. Not a rental fee nor a bond of any kind. Nothing in writing - I must reiterate. I just told him verbally I would need $80/week just to cover the increased electricity and gas usage etc.

He says he cannot evict me because of COVID and I must just sit idly by as my other tenants threaten to leave as a result of his actions. This will impact me financially in a significant way.

The question is: without a lease agreement is there a way I can evict him despite the COVID situation? He laughs at me saying that because of COVID he can stay as long as he wants and does not have to pay any rent - I was charging him a measly $80/week with ALL utilities included just to do something nice for someone. No good deed goes unpunished they say. He literally laughs in my face while drinking my beer. He is, of course, long-term unemployed.

Please would you help me. Surely, if there is no written agreement whatsoever I can ask him to leave? How do I do this? Perhaps it could be considered trespassing? Should I go to VCAT - I am sure they will berate me for being so irresponsible. I will never repeat this mistake.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Talk to us.

Free-loading is not permissable. Covid-19 just makes it harder, not impossible.

There is a verbal lease agreement.
... I would need $80/week just to cover the increased electricity and gas usage etc.

^^ This your problem.

Without having said this you'd be in a better place. Though if he did not accept this, you can just evict him. Pack up his stuff, put it in front room, lock the door and tell him to go. There may be steps past this you need to undertake but we can discuss those if you call.
 

floorboard

Active Member
23 August 2019
10
0
31
Thank you for your response. I may just have to call you.

There has been a recent - somewhat positive - development.

Apparently, there is a flat with an owner from a non-English speaking country that says he may be considered for the room. The horrible flatmate finds it boring here as we are all working and/or studying 99% of the time. Of course, with the lockdown we cannot have people over and that sort of thing. Besides, the whole covid thing has dampened any enthusiasm we once had for any shenanigans.

The quite comical issue is he will only accept him if I write a reference letter for him. So, on the one hand I could lie on the letter and make someone else suffer this subhuman and free everyone, or on the other I tell the truth/ refuse to write one and I continue with the pain. Of course, I will choose the latter option as I cannot do that to someone - even if they don't live in Australia and just use property as an investment vector, whereas we actually live our entire lives here. I won't write it though, as I may throw up writing anything positive about this clown.

I thought of having a go at VCAT and seeing if they will clearly understand my plight. Then, maybe a possession order could be granted and then don't the police have the authority to turf him?

I am certain he does not remember the talk regarding the $80, as all the narcotics he takes makes him regularly forget things that were said 2 minutes ago. I cannot count the number of times I have had to turn off the gas burner on the stove - even going so far as to buy a full-on fire extinguisher. This would be amusing if it wasn't so tragic.

The money I spend on a lawyer may end up saving me significant $ in the long run. Can a black mark be put against him on the tenancy database? I just never thought it would come to this. We all just want peace during this nightmare pandemic.
 
Last edited:

floorboard

Active Member
23 August 2019
10
0
31
Okay for those sitting on the edge of your seat waiting for the end of the story here we go. The tenant in question left of his own volition. The only problem is he believes I owe him money. He vacated (without letting me know) on Friday. On that very same day, a few hours later, he came barging in demanding money! He became aggressive and I was not about to get into fisticuffs with a nut job over a perceived debt owing. I left the door locked and sat inside a room for hours.

The issue is: he has a similarly dimwitted friend in the house who really are the bestest of best mates with each other. He keeps letting him in. I don't live there, but I installed a CCTV and see him entering. There is damage to the property after each visit as I have an ally in the house. The CCTV is only outside so I can see him enter and leave. I have had to take out landlords insurance and I am becoming so sick of this I think I am done with this game as at this point they are just toying with me.

The friend who is still in the house says he is allowed to bring guests over when I ask him not to bring the psychopath over. I understand that yes, he is allowed to bring guests over and I have never had a problem at all with this.

My issue is this.one.guest - am I allowed to prohibit a single guest from entering the property legally? I own the house, can I just not make a rule that he can have whoever he wants over except Mr X? I would call it a house rule.
 

Rod

Lawyer
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27 May 2014
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There is damage to the property after each visit

I'd be putting the roommate who lets in this joker on notice, in writing, that he is responsible for all damages done by his 'guests'.

He became aggressive ...

I apply for a PSIO to exclude him from the house and coming within 5 metres of you.
 
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