Wendy here. We have a rental property my daughter lives in. We have a man living in the sleepout behind the house. There

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Customer: Hi. Wendy here. We have a rental property my daughter lives in. We have a man living in the sleepout behind the house. There is no formal tenancy agreement. Verbally he is meant to pay $200 a week rent and $50 a week towards the shared utilities. We asked him to leave as we were going to be renovating and demolishing where he lives. He agreed to be out by end of Feb but a couple of days before he informed my daughter he wasn't going and nothing we could do about it because of Covid. There has been a history of unauthorised people staying with him in the property for varying lengths of time and police have attended after violence occurred. He has become rude and aggressive towards my daughter to the extent that her and her 13 year old are now staying with friends. He has not paid anything for over a month. How can we get him out?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Sorry we are in Melbourne victoria
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: There is no lease
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that pretty well cover it. we want him gone so my daughter can move back to her home. We will not be reletting the space he occupies.

Answered by John Melis in 7 mins 1 year ago

John Melis

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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

You may apply for a restraining order to protect your self here.

Restraining orders apply to various matters; such as violence, psychological abuse, financial abuse, verbal abuse, or an imminent fear of violence, or where children hear or witness the same.

The restraining order may:

a. Prohibit a person committing violence against another person.

b. Exclude a person from the victim’s residence.

c. Restrict a person’s access to any premises or specified are, such as the workplace.

d. Prohibit a person from contacting another person associated with the victim.

e. Require a person to do something, like attend counselling.

f. Direct person to use a specific property.

g. To stop stalking, intimidation or harassing conduct.

If you need a restraining order, you may attend your local police station, and they will determine if an order will be issued.

You may make an application at the local Court for a restraining order where the police do not issue one.

I know you put so much time and effort into this, and if you follow the steps as suggested above, it will give you a direction to go.

If there is anything else, please let me know.

Customer

Thanks but my question is "How can we evict him from the property?"

John Melis, Expert

You can use the restraining order to have that person evicted quickly.You can also go to the tribunal VCAT to get an Order fro their removal as well.You’re handling this matter very well.If there is anything else, big or small, that I can help you with today, please let me know?

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