VIC When does a guest become a tenant?

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Christo

Member
15 March 2020
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My elderly parents have let a (very) distant relative stay in their house as she has recently moved to Melbourne and has a new job. There had been no agreement and she pays no bills or rent. She has been there for a month or so and now says she would like to stay for 6 months.

My question is does she have any rights? My parents are being kind but recently she asked my sister what we will do when they are no longer there and that she would like first rights on purchasing the house (while crying poor). We were shocked, had not even the faintest thoughts of this and are wondering due to this if she has any rights to stay as long as she wants or if we have to power to ask her to leave if we need to.

My parents are just being kind to someone they barely know and we now feel we need to be wary of this person and their intentions.

Thanks in advance for any knowledge you may be able to share.
 

Atticus

Well-Known Member
6 February 2019
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294
2,394
When doe's a guest become a tenant?
In broad terms, when they are paying rent & more specifically, when they a re a paying tenant on a formal rental agreement
wondering due to this if she has any rights to stay as long as she wants or if we have to power to ask her to leave if we need to.
At present your parents can ask her to leave (giving adequate notice would be polite).... As a paying tenant, she would have to be treated as such & she would have rights under legislation as a tenant, including minimum notice to vacate etc..

Playing devils advocate, if she were to remain there for a significant time rent & bill free & your parents were to pass away, as a member of the household who is wholly or partly DEPENDENT on the deceased for their proper maintenance & support, * IF she were to contest a will, she *may* meet the second tier of an eligible person... There would still be other hoops to jump through, but theoretically she may be able to make a provision claim... BUT, she would need to be living there longer than 6 months