Dealing with someone who refuses to leave your home can be a stressful and legally complex situation.
Whether it’s an ex-partner, a former friend, a tenant, or a housemate, you cannot simply force them out without following the proper legal process.
In Australia, your options depend on the circumstances—some situations allow police intervention, while others require formal eviction proceedings through a tribunal or court.
If the person is a guest or someone who does not have tenancy rights, you may be able to remove them more easily.
However, if they have lived in your home for some time or contributed financially, you may need to issue formal notice or obtain a court order.
Understanding your rights is crucial to handling the situation legally and effectively.
Let’s go through the steps you can take to remove an unwanted occupant from your home while complying with Australian property and tenancy laws.
What Are Your Legal Rights if Someone Refuses to Leave Your Home?
If someone won’t leave your house, your rights depend on the situation. The first thing to consider is whether they have a legal right to stay. Here are some common scenarios:
Unwanted Guest or Friend: If you invited someone to stay temporarily, but they refuse to leave, they are not a legal tenant. This means they have no right to stay without your permission.
Ex-partner or Spouse: If you and your partner share ownership or a rental lease, they may have a legal right to remain in the home. However, if you own the property alone, you can take legal action to remove them.
Tenant or Housemate: If the person has been paying rent or has a formal or informal rental agreement, tenancy laws apply. You may need to issue a formal eviction notice.
Family Member: Even if a family member has been living with you for an extended period, they do not automatically have a right to stay.
In Australia, you cannot physically remove someone from your property, even if they refuse to leave. You must follow the proper legal processes to avoid legal consequences.
Can You Call the Police to Remove an Unwanted Guest or Ex-Partner?
Calling the police is an option, but only in certain situations. The police can intervene if:
The Person Is Trespassing: If someone has never lived in your home and refuses to leave when asked, police may remove them.
The Person Is Violent or Threatening: If you feel unsafe, call the police immediately. They may issue an Apprehended Violence Order (AVO) or remove the individual for your protection.
There Is a Breach of a Court Order: If a court has ordered the person to leave, and they refuse, police can enforce the order.
However, if the person has been living in the home for a while, the police may consider it a civil matter and tell you to take legal action instead.
Do You Need a Court Order to Evict Someone from Your Property?
In many cases, yes. If someone refuses to leave and they have lived in your home for an extended period, you may need to apply for a court order. The process depends on whether they are considered a tenant, licensee, or occupant.
Tenants: If the person has a rental agreement (even informal), you must follow tenancy eviction laws. This usually involves giving them a written notice and applying to the residential tenancy tribunal if they refuse to leave.
Occupants without a Lease: If someone has lived in your home but does not have a rental agreement, you may need to apply for an order of possession from the court.
Ex-partners: If your ex refuses to leave and they have no legal claim to the property, you may need a property settlement order to remove them.
Squatters: If someone has lived in your property for an extended time without permission, they may try to claim adverse possession. This is rare but may require legal action.
The process can take time, so acting quickly is important if you want someone removed.
How Can a Property Settlement Lawyer Help You in This Situation?
A property settlement lawyer can help you understand your legal rights and the best course of action for your situation. They can:
Assess Your Legal Position: Determine whether the person has a right to stay and what legal steps you can take.
Draft Legal Notices: Prepare and serve the correct eviction notices to comply with tenancy laws.
Apply for Court Orders: Assist with filing an application for an order of possession or eviction order.
Represent You in Court: If the person refuses to leave, a lawyer can represent you in tribunal or court hearings.
Advise on Alternative Solutions: If eviction is complex, they may negotiate a legal agreement to resolve the issue faster.
Getting legal advice early can save you time, stress, and legal headaches.
When Legal Help Is the Best Solution
If someone refuses to leave your home, you don’t have to deal with it alone. Whether it’s an unwanted guest, an ex-partner, or a tenant, taking the right legal steps will help you regain control of your property.
The process can be complicated, but a property settlement lawyer can provide expert guidance to ensure everything is handled legally and efficiently.
If you need professional legal advice, Ipswich Family Lawyers can help. Our experienced team specialises in property disputes, tenancy issues, and family law matters.
Contact us today for a consultation and take the first step towards resolving your situation.
