Trying to Get Rid of Annoying Housemates

Long story short. Trying to get rid of flatmates.

I had leased a property in my name and moved together with this couple flatmates. Lately due to their odd behaviour and disrespect towards the items in the unit, I politely asked them to vacate the unit and gave them 14 days time. Today is the last day hence they have not moved a bit of their stuff (they got plenty of useless things which will take them more than a day to pack).

What can I do to take the next step.
I already have next flatmate moving in from tommorow

Thanks for the help ozbargainers…….

I would like to thank all the ozbargainers for the help once again. The annoying mates moved out and luckily no action needed to be taken

Update: need help for ozbargainers again
So these annoying housemates finally left. And i have $750 which i had taken2 years ago as bond. They have damaged the sink in the bathroom and they agreed to it. So i made it clear to them before leaving to fix the sink but they did not. Now after they left they sent me the text message saying to return the bond and i said you will get back your bond once i get time to fix the sink, deducting the electricity charges for their stay (charged quarterly) and 10% deduction for minimum wear and tear from daily usage of kitchen and bathroom and they agreed to it

Today i got random call from random real state saying those guys are renting their property now and want their bond money return. I told him the situation and asked him not to bother me coz he does not know the complete situation and he threatened me to take it to the court. I dont get it why is he trying to get involved?
What are my faults? (if in case they take it to court)
Will it affect my visa reputation since i am applying for my residency soon

Thanks guys

Comments

  •  

    set their stuff on fire

    •  

      Haha good one. But i really need a genuine comment now as time is running out and i dont wanna do anything stupid.

  • +1 vote

    Call the police? If they have a letter saying they need to be out by a certain time then after that they are trespassing.

    •  

      I did not gave them the letter i told them verbally. But i have a next mate who was present when i told them.

      •  

        You probably should have given them something in writing. You will have to just keep telling them to get out by tomorrow or whenever the date was.

    •  

      That's not how that works. Also 14 days isn't sufficient in any state I'm aware of.

  • +2 votes

    Change locks and backdate letter where you ask them to leave by today. sorted

  •  

    Have you reminded them?
    Have you told them someone else is moving in tomorrow?
    Have you organised the locks to be changed? Might be a good idea to do this.

    Also, do you have a lease or agreement with them. 14 days is probably not sufficient notice.

    •  

      No i dont have any lease agreement with them but when they came to stay i told them they will be provided 14 days if in case needs to vacate.

      • +1 vote

        No I dont have any lease agreement with them but when they came to stay i told them they will be provided 14 days if in case needs to vacate.

        Is this on paper or verbal?

        You need to give them written notice. Not via text but an actual letter.

        I already have next flatmate moving in from tommorow

        Yeah… That's not happening…

        Write a letter, outline the reasons they are being evicted (this would have been much easier if you had an agreement that you both signed e.g no excess noise after 11pm etc)

        Out of interest what are they doing that is so "annoying"?

  • +2 votes

    Pack up their stuff for them while they're out into boxes and put on the front step.
    If they give you trouble get your locks changed next time they go out.
    Make sure to get a bond from this new person moving in. If there's no bond there's no incentive to cooperate.

    • -2 votes

      This seems to be the perfect solution

      Actually what if i get removalist to remove their item and keep it in garage for them to pickup. I dont have a whole day to pack their stuffs. I can deduct the removalist charge from the bond they gave to me?

  • +2 votes

    From memory I'm pretty sure you have to give quite a bit more notice than that even if they aren't on the lease and you told them 14 days. Do you have that 14d agreement on paper? Check the relevant RTA for your state as they vary but I found this on the QLD one:

    "Reasons for ending an agreement

    Agreements can be ended for one of the following reasons:

    Without grounds (no reason given)
    Either party can end an agreement (a fixed term or a periodic), without giving a reason. However, a fixed term agreement cannot be ended before the agreement’s end date, unless both parties agree.
    The lessor/agent must give the tenant two months notice. The tenant must give the lessor/agent two weeks notice."

    Could open yourself up to some pretty serious consequences mate and if its an acrimonious leaving could get messy. Don't message them, call them, then get the agreement on paper. And if you're planning on putting their stuff on the curb I'd suggest you talk to a lawyer first. You'd be pretty pissed off if your landlord gave you only two weeks to leave and that's why the law is set up that way. Even evicting squatters who aren't paying rent can be difficult and requires a whole bunch of rigmarole.

    • +1 vote

      Either party can end an agreement (a fixed term or a periodic)

      if they aren't on the lease

      If there's no signed contract (lease) then they have no fixed term or periodic agreement and they are there merely because the resident allowed them to visit.

      • +1 vote

        Except that he took a bond from them

      •  

        Christ mate, don't give out patently wrong advice. OP will get taken to the cleaners via the tenancy tribunal if he followed half the advice in this thread.

    •  

      Thank you so much for this info.

  •  

    If there's no lease agreement with their name on it you can call police and have them removed immediately because they're tresspassing. No need to wait any time period or to give prior notice.

    I would suggest requiring police presence if and when they attend the residence to remove their property.

  • +2 votes

    14 days is not enough notice; also a lot of awful advice in this thread.

    • -1 vote

      There's no lease agreement. He can just lock the doors and flog their stuff of if he wants.

      • +6 votes

        I don't mean from a legal standpoint; I mean from being a decent human being standpoint.

        •  

          True. The law is rank and more-so is using it to such unfair advantage. Unless "odd behaviour and disrespect towards the items in the unit" comes with threat of immediate harm then 14 days is unreasonable.

        •  

          It sounds as though the flat mates aren't being "decent human beings". If they are mistreating the OP and his belongings they need to be removed ASAP.

        • -1 vote

          @subywagon: I take housemate stories with a VERY large grain of salt. In any case, you don't kick people to the kerb with nowhere to go.

        •  

          @picklewizard:

          Yes you do. There are charities people can leech off.

        • +1 vote

          You're also right from a legal standpoint. Law doesn't care if there's a lease agreement, law cares about whether or not they're actually tenants. They were living there = they were tenants.

      • +1 vote

        Just because there is no written lease does not mean you can do what you want. Most states have laws regarding boarders, which is basically the fall-back if they are not considered tenants.

    •  

      Turns out they moved out thanks

  • -1 vote

    Depends if you set them up in a lease in which case tenancy law comes into play. If not then they are borders and they can be evicted with minimal notice. Just change the locks and put thier stuff outside.

  •  

    Happy to hear of your solution.

    So what is your lesson learned?
    What advice would you give to anyone who wants to let their friends live with them without a leasing agreement?
    How will you protect yourself from this situation in the future?

    • +1 vote

      Xioami cameras everywhere! Jk but how about this run of bad flatmate forums.

      Makes me feel lucky

      •  

        desperate times.

        I've had an awesome streak with housemates. Lived with some koreans and we had an awesome experience learning from each other.

        theres money in writing a flatmate test based on your situation.

    •  

      Get everything in writing.

    •  

      Lesson learned

    •  

      Be careful while choosing flatmates and take enough bond.
      I guess

      • +1 vote

        Bond 4 weeks, plus 2 weeks rent (which keeps them always 2 weeks in advance), and plus 2 weeks in advance rent paid fortnightly (which means they go between 2-4 weeks in advance at all times, and guarantees you rent when they give the minimum 2 weeks notice to vacate)

        So, 8 weeks rent paid by banking transfer to secure the room. Have been on both ends of this arrangement and seems pretty standard.

        •  

          Yes this is what i normally do and have seen people doing but since the not so good flatmates couple were so appealing in the beginning i made a mistake to trust them. A good lesson learned.

        •  

          @darbin:

          No good deed goes unpunished hey…

        •  

          dont trust renter in the beginning, trust them in the end. youve definitely gained instincts from this and im glad youve had a bad experience now, as it could be worse like some of the other sh!# housemate threads on here.

          get a written letter or reference from their parents if they have to. they wont write a letter if they know you`ll suffer. you can ask them for a phone number of the rental place they stayed at last, call them and ask for some feedback and how they would rate them as a tenant. if they cant do this, then no deal.

          people rent because its affordable. dont try to live beyond your means in a sharehouse. definitely get cash/rent up front and copy what strict real estate agents do.

          that the allure of appeal.

  •  

    Update: need help for ozbargainers again
    So these annoying housemates finally left. And i have $750 which i had taken2 years ago as bond. They have damaged the sink in the bathroom and they agreed to it. So i made it clear to them before leaving to fix the sink but they did not. Now after they left they sent me the text message saying to return the bond and i said you will get back your bond once i get time to fix the sink, deducting the electricity charges for their stay (charged quarterly) and 10% deduction for minimum wear and tear from daily usage of kitchen and bathroom and they agreed to it

    Today i got random call from random real state saying those guys are renting their property now and want their bond money return. I told him the situation and asked him not to bother me coz he does not know the complete situation and he threatened me to take it to the court. I dont get it why is he trying to get involved?
    What are my faults? (if in case they take it to court)
    Will it affect my visa reputation since i am applying for my residency soon

    Thanks guys

    • +1 vote

      Just ignore the REA - got no idea why that knucklehead would go into bat for them…

      If they take you to small claims court - it's entirely civil, so it will not have an impact on your visa/residency application.

      •  

        Thank you so much Dumax. I was suprised that real agent getting involved but i realized that guy was from Bangladesh so might be he was trying to get smart with them.

        But you made my mind clear and peace.

        Thank you once again.

    •  

      Just keep a copy of all the invoices and receipts for the costs you incur so they can't dispute the amount you deduct from their bond.

    •  

      You can't keep 10% for 'minimum wear and tear from daily usage of kitchen and bathroom'. It's simply not allowed.

      •  

        Rrgarding that amount i told them beforehand that this is gonna be reduced since i will be paying the real state agent at last when i move out

        •  

          I don't care what you told them. It's not legal for you to deduct it. Period. Your real estate agent can't deduct it either.

  • Top