Asking someone to leave your home and having them refuse is stressful, especially when it is an ex-partner, a family member or a friend who was only meant to stay a few weeks. In Queensland you cannot simply throw their things on the lawn or physically push them out. What you can do depends on one question: what legal right, if any, does that person have to be there?
This guide explains the options for each situation, when the police can help, when you need the Residential Tenancies Authority (RTA), the Queensland Civil and Administrative Tribunal (QCAT) or a court, and what to do if the person is your partner.
Need advice about your situation? Ipswich Family Lawyers can help with property settlements and the family home. Book a consultation or call (07) 3378 8500.
Key takeaway: Work out first whether the person is a guest, a tenant, a co-owner or a partner. A guest can usually be told to leave and removed for trespass if they stay. A tenant, co-owner or partner has rights that need a formal notice or a court order.
Step 1: Work Out What Right They Have to Stay
The steps you take depend on how the person came to live with you:
- Guest, friend or family member who pays nothing: they are usually a licensee, meaning they stay with your permission. Once you clearly withdraw that permission and give them reasonable time to go, they have no right to remain.
- Someone who pays rent or board: even without anything in writing, regular payments for a room or a home can create a residential tenancy or rooming accommodation agreement. Queensland tenancy law then applies and you must use the proper notices.
- Co-owner or joint tenant: if their name is on the title or the lease, you cannot exclude them on your own. You need their agreement, a tenancy process or a court order.
- Partner or ex-partner: married and de facto partners can have rights to live in the home regardless of whose name is on the title. Family law, and domestic violence law if there is any abuse, decides who stays.
Step 2: Ask Them to Leave, Then Put It in Writing
Most situations are resolved without any formal process. Start with a calm conversation and a clear deadline. If that does not work:
- Send a written request (a letter, email or text) that says you are withdrawing permission for them to stay and gives a date to leave.
- Give reasonable time. For a guest who has been there a short while, a few days to two weeks is common. Someone who has lived there for months may need longer.
- Keep copies of everything you send and any replies.
- Do not change the locks, cut off power or remove their belongings while they still live there. That can expose you to claims and make the situation worse.
If they have left belongings behind once they go, read how long you have to keep someone’s belongings before you throw anything out.
Can You Call the Police to Have Someone Removed From Your Home?
Sometimes. In Queensland it is an offence to unlawfully remain in a dwelling, so the police may remove a person who:
- never lived there and refuses to leave when asked (a trespasser)
- was a guest and has stayed on after their permission was clearly withdrawn
- is breaching a court order or a domestic violence order that excludes them from the home
If the person has lived in the home for some time, pays rent, or is your partner, police will often treat it as a civil or family law matter and tell you to get an order. If you feel unsafe at any time, call 000. For non-urgent help call Policelink on 131 444.
Key takeaway: Police can act on trespass and on breaches of orders. They will not usually decide a dispute about who is entitled to live in the home.
Evicting a Family Member or Friend With No Lease in Queensland
An adult child, sibling, parent or friend who lives with you without paying rent is usually a licensee rather than a tenant. To remove them:
- Tell them in writing that you are withdrawing permission to stay and give a reasonable date to leave.
- If they stay past that date, they are remaining without your consent and you can ask the police for help.
- If police will not act, a lawyer can apply to the court for an order for possession of your home.
If they have been paying you board or rent, check with the Residential Tenancies Authority first. Queensland tenancy law may treat the arrangement as a tenancy or rooming agreement, and then you must use the approved notices and, if needed, apply to QCAT.
Removing a Housemate or Tenant
If the person is a tenant, or someone who is not on the lease but pays you rent, Queensland tenancy law decides how they can be asked to leave. In general:
- you must give the approved notice for the right reason and the right notice period
- if they do not leave by the date in the notice, you apply to QCAT for a termination order and a warrant of possession
- only a QCAT warrant, enforced by police, lets you remove a tenant who will not go
If you rent the home yourself and want someone who is not on your lease to leave, speak to the RTA and your property manager. Your own lease may also limit who can live there. The Queensland Government page on residential tenancy disputes explains the dispute process.
When the Person Is Your Partner or Ex-Partner
Separation does not automatically give either partner the right to exclude the other, even if only one name is on the title. Your options include:
- Agreement: many couples agree on who stays, sometimes living separately under one roof for a while.
- Domestic violence order with an ouster condition: if there is domestic or family violence, a Magistrates Court can make a protection order that excludes the respondent from the home. Police can apply on your behalf. See our domestic violence lawyers page.
- Family law injunction: the Federal Circuit and Family Court of Australia can make an order giving one person sole use of the home while property matters are resolved. Read more about exclusive occupancy orders.
- Property settlement: the long term question of who keeps the house is dealt with in a property settlement.
Key takeaway: If the person is your partner, do not try to lock them out. Get advice about a protection order or a family law order instead.
Frequently Asked Questions
Can I change the locks to get someone out?
Only once the person has actually moved out, or if a court or QCAT order says they must leave. Locking out a tenant, a co-owner or a partner who still lives there can be unlawful.
How much notice do I have to give a guest?
There is no fixed period for a guest who pays nothing, but the notice must be reasonable. A short stay may need only a few days, while someone who has lived with you for months should get more time to find somewhere to go.
What if they say they are a tenant?
If they have paid rent or board, they may be right. Ask the RTA or a lawyer before you act, because using the wrong process can delay things for weeks.
What if they refuse to leave after the date I gave them?
If they are a guest, contact the police. If they are a tenant, apply to QCAT. If they are your partner, get legal advice about a protection order or a family law order. You can also read what to do if you ask someone to leave and they refuse.
Get Help Removing Someone From Your Home
Ipswich Family Lawyers helps people across Ipswich and the western suburbs of Brisbane with separations where one person will not leave the home, protection orders and property settlements. Book a consultation or call (07) 3378 8500 to talk through your situation.
