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​How to evict your tenant legally

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Your Investment Property | 08 Sep 2014, 11:13 AM Agree 1
It’s stressful to go through the eviction process, whether you’re self-managing or not. To make sure you stay within the rule of law, Miriam Bell presents this comprehensive guide on how to evict your tenant
  • Carol | 01 Dec 2015, 08:05 AM Agree 0
    I'm in need of some advice regarding evicting my subtenants!
    They have only been here for a month and when inspecting the room they would be accommodating asked if I was ok with short term rental. All of the bills and wifi are included in their rent each fortnight.

    We don't have anything in writing and they are not on the lease. I am the head Tenant and pay the rent and all of the bills every week.

    My Landlord is a friend and we don't have a written rental agreement (He purchased the property as an investment to help me out)

    It's my understanding that I can give my Subtenants 2 weeks notice to vacate (that's how often they pay rent)

    The reasons I need them out is They brought an unregistered dog and cat with them when I stated no Pets (I have 2 cats with landlords permission) They also have an unregistered car which is parked out front of the house and I found out that one of them went to court yesterday for driving while unlicensed meaning, criminal record.

    Am I justified in telling them (a Lesbian couple) they have to move out when their next rent cycle is up?
  • keith | 07 Mar 2016, 05:21 PM Agree 0
    I have a similar situation and would love to know if you had any responses. I too am looking for advice.
    a now 'ex friend' was renting some rooms from my in my house in Bayswater Vic. I originally opposed animals in the house but as being a friend at the time I gave in to her several petitions for leniency. She immediately flaunted this and other agreements from day as I later found out. Due to living part time in two locations I was not aware of her complete disregard for the agreements.
    She quickly fell behind on rent and finally after 2.5 years [including giving her a 3rd chance to catch up on the 6 months of outstanding rent [at near half the going rate] I could no longer tolerate the severe health risk to my other housemates and his 4 year old child that she had created.[The poor kid has dozens of flea bites on each leg constantly] She spends most of her time involved in senior basketball, has recently gained some sort of directorship out northern Vic and has never done a single thing to contribute around the place, only creating mess, leaving piles of pet excrement and no contribution to general cleanliness.
    Her now unregistered green Magna sedan, has been on my front lawn for over 12 months, still with many items she originally moved out of her last place still in there 2.5 years later. I have not been able to mow around this for over a year and the few times it was moved was because the other flat mate moved it himself.
    I had to send her a person to person registered letter and gave her 5 weeks notice. She was only ever on a weekly rental agreement as verbally between friends but I gave her 5 weeks as another of many courtesies.
    In the final weeks of the eviction she did not respond to any messages from myself of housemate requesting explanation of intent or to pay her share of bills. The only response was a request for proof of 4 weeks payment which she only paid because I put pressure on her as she hadn't paid anything in over 6 weeks[ early January ].
    It is now 10 past the exit date and notice of 5 weeks that I gave her originally. She turns up without warning or notification to collect
    things at random, has given no indication of intent to clean the place properly. is 10 days over due and only responded once via SMS on the final date that she intends to complete moving out by the end of the week which was 10 days ago.

    I have detailed photos of everything and a detailed history, including past landlords and other information. I am considering legal action on such counts as unpaid rent, damage to property and we are even considering pursuing criminal charges in regards to risk of health to others and the child if there is grounds to do so. In the end I just want her out as soon as possible and if possible recover what I can and leave a debt collection agency with the rest.

    Does anyone have any advice?
    • rentgirl | 18 Mar 2016, 06:07 PM Agree 0
      Call the Rental Tenancy Tribunal in your state!! Legally it usually comes down to what you have in writing and it sounds like you don't have a legally binding rental agreement? Also I think if you remove her goods you actually have to pay to store it!! that's what my property manager told me when we had a dodgy tenant last year.

      If you have given her enough legal notices to move out, you could advise her that on XX date a removalist will be coming for her things to move it into storage at her expense. The threat of that might be enough to get her moving? Failing that, hire a property manager to help you manage this mess and get a new tenant into the place. Good luck!
  • Gary Magill | 18 Mar 2016, 04:09 PM Agree 0
    Thank you for sharing this article. A friend of mine is facing a similar problem and I think this advice will help him a lot.
  • Christina | 02 May 2016, 08:21 PM Agree 0
    I'm stuck in a situation as a live in landlord with no formal agreement other than a verbal contract. I rent the other 2 rooms out. One of the tenants who has been staying there for 18months is threatening to take me to vcat as he doesnt think it's fair to pay 1/3 of the bills because he spends lots of time staying away at his families home.
    In a text he said he would start looking for another rental. I have used that text as his intention to leave. It has been weeks now an d when i asked him how the house hunting is going he stated he doesn't want to move out.
    I desperately want him to leave as now the legal action threats make me feel VERY uncomfortable but I'm aware i can't ask him to leave as a retaliation to his bills dispute.
    What can i do to make him move out of my home?
    • Ty | 03 Mar 2017, 06:35 PM Agree 0
      Get a couple big bully boys and rough him up if he does not move out.
  • Mary | 17 Jan 2017, 11:44 PM Agree 0
    Thank you for this article. A lot of authors, however, recommend landlords not to attempt to evict the tenant themselves. So, it’s better to hire a professional to help you with that, especially if you do it of the first time.
  • Matteo | 22 Jul 2017, 03:40 PM Agree 0
    what did you mean with "lesbian couple"? I dont think it is nice to write that down. They are not different because of that. I found your following sentences, pretty interesting:
    (He purchased the property as an investment to help me out)
    If you friend wants to "help me out" as well, let me know lol!
    "They brought an unregistered dog and cat with them when I stated no Pets (I have 2 cats with landlords permission) They also have an unregistered car which is parked out front of the house and I found out that one of them went to court yesterday for driving while unlicensed meaning" I dont think it is your business if they have issues with a court and they drive without license.

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