If someone refuses to leave your home, you may feel frustrated and unsure of what to do. The good news is that Australian property laws offer solutions to help you regain control of your space.
The best approach depends on the legal relationship between you and the person staying in your home.
If they are a tenant, a housemate, or even a family member, different legal steps apply. You may be able to ask them to leave voluntarily, issue a formal notice, or apply for legal action through the courts.
Do You Have the Legal Right to Remove Them?
Before taking any action, you must understand whether you have the legal right to ask the person to leave. Australian law recognises different types of living arrangements, each with its own rules:
- Homeowners: If you own the property and the other person is not on the title or a valid lease, you generally have the right to ask them to leave.
- Tenants and Housemates: If you are renting and the person is staying with you, you may need to follow tenancy laws, especially if they are listed on the lease.
- Family Members and Guests: If the person staying is a partner, relative, or friend who does not pay rent, your rights may depend on the circumstances.
It is crucial to determine whether the person is legally classified as a tenant, a subtenant, or an invited guest. This affects the steps you need to take to remove them from the property.
Can You Ask Them to Leave Voluntarily?
The easiest way to get someone out of your house is to ask them to leave politely. In many cases, a direct conversation can resolve the situation without legal action. Here are some steps to follow:
- Speak to Them Calmly: Explain why they need to leave and give them a reasonable timeframe to do so.
- Put It in Writing: If they do not leave after a conversation, send a written request, such as a letter or email, stating the deadline for their departure.
- Offer Assistance: If possible, help them find another place to stay or offer financial assistance for a short-term solution.
If the person refuses to leave despite multiple requests, you may need to take legal action.
What Are Your Legal Options If They Refuse to Leave?
If the person will not leave voluntarily, you may need to take further legal steps. Your options depend on whether they are a tenant, an unofficial occupant, or an unwanted guest.
1. If They Are a Tenant or Housemate on a Lease
- If the person is on the lease but you want them to leave, you cannot force them out. You must go through the proper termination process under your state’s tenancy laws.
- If you are the primary tenant and they are a subtenant, you may need to issue a formal eviction notice.
2. If They Are an Unofficial Occupant (Not on a Lease or Title)
- You can give them a written notice to leave within a reasonable timeframe (e.g., 7 to 14 days).
- If they still refuse, you may need to apply for a possession order from your state tribunal, such as the Queensland Civil and Administrative Tribunal (QCAT).
3. If They Are a Guest Who Has Overstayed
- Guests do not have the same legal protections as tenants. If they refuse to leave after being asked, you may involve the police for trespassing.
- However, if they have been living in your home for an extended period, they may try to argue that they have tenant rights, which could complicate removal.
If they ignore legal notices or refuse to comply, you may need to apply for a court order to formally remove them.
How Do Domestic Violence and Family Law Affect Evictions?
If the person staying in your home is a partner, ex-partner, or family member, special legal considerations apply.
- Domestic Violence Orders (DVOs): If you are experiencing threats, harassment, or violence, you can apply for a Domestic Violence Order (DVO) to remove them from the property.
- Exclusive Occupancy Orders: In family law cases, the court can grant one person exclusive rights to live in the home, even if both names are on the lease or title.
- Property Settlement Considerations: If you are separating from a partner and they refuse to leave, legal advice is essential to determine your rights.
Courts prioritise safety in family law disputes. If there is any risk of harm, seek legal assistance or contact the police.
When Should You Seek Legal Assistance?
If someone refuses to leave your house and informal attempts have failed, legal assistance may be necessary. Consider speaking to a lawyer if:
- The person claims they have legal tenancy rights.
- You need to issue an eviction notice or apply for a possession order.
- The situation involves domestic violence or family law disputes.
- The person is threatening legal action against you.
An experienced property settlement lawyer can help you understand your rights, issue proper notices, and represent you in court if needed.
Resolve Home Disputes the Right Way with Ipswich Family Lawyers
Removing someone from your home can be legally complex, but knowing your rights and following the proper process will help you achieve the best outcome.
Whether you are dealing with a tenant, a housemate, or a family member, taking the right steps is crucial.
If you need legal advice or representation, Ipswich Family Lawyers can assist you. Our experienced team specialises in property settlements, tenancy disputes, and family law matters.
Contact us today for expert guidance on protecting your home and legal rights.
