If you ask someone to leave your property and they refuse, you may feel frustrated and unsure of what to do next.
In Australia, property owners and legal occupants have the right to decide who can stay on their property. However, removing an unwanted guest, tenant, or unlawful occupant is not as simple as forcing them out.
The legal process you must follow depends on the person’s status—whether they are a guest, a tenant with rental rights, or an unlawful occupant.
In some cases, you may be able to call the police, while in others, you may need to issue a formal eviction notice or obtain a court order.
Acting without following the proper legal steps could expose you to legal consequences, including trespassing or unlawful eviction claims.
This article explains your legal rights and outlines the steps you can take to lawfully remove someone who refuses to leave your property.
Can You Legally Force Someone to Leave Your Property?
No, you cannot legally force someone to leave your property through physical means, such as pushing them out or removing their belongings.
Doing so could expose you to criminal charges, including assault or trespassing (if you enter their space in an unlawful manner).
However, as a property owner or tenant with legal occupancy rights, you do have the authority to ask someone to leave.
If they refuse, you can take legal action. The process depends on whether the individual is a guest, tenant, or unlawful occupant.
- Guests: If someone is visiting your home but refuses to leave when asked, they are no longer considered a guest and may be considered a trespasser.
- Tenants: If the person has been living on your property under a formal or informal rental agreement, they may have tenancy rights, requiring you to follow eviction laws.
- Unlawful Occupants: If a person is living on your property without permission and refuses to leave, legal action is required to remove them.
What Are Your Rights as a Property Owner in This Situation?
As a property owner, you have the legal right to control access to your home or land. This means you can decide who can and cannot stay on your property.
However, your rights depend on the type of relationship you have with the person refusing to leave.
1. If the Person Is a Guest
If you invited someone onto your property, but they refuse to leave when asked, they may be considered a trespasser.
You have the right to tell them they are no longer welcome and to contact the police if they do not comply.
2. If the Person Is a Tenant
If the person has lived on your property for a certain period, especially if they have paid rent, they may have tenancy rights under Australian rental laws.
Even if there is no written lease, removing them requires legal eviction through proper notice and, if necessary, a court order.
3. If the Person Is an Unlawful Occupant
Squatters or other unauthorised occupants do not have the same protections as tenants. However, you still cannot forcibly remove them without following legal procedures.
You may need to apply for a possession order through the court.
Should You Call the Police If They Refuse to Leave?
Yes, in certain situations, calling the police is a valid option, but only under specific circumstances.
1. If the Person Is a Trespasser
If the person is not a tenant and refuses to leave after being asked, they may be considered a trespasser. In this case, you can call the police for assistance.
The police may issue a warning or remove the person if they are unlawfully on your property.
2. If There Is a Threat of Violence
If the person is aggressive, threatening, or violent, calling the police immediately is the best course of action to ensure your safety.
The police can intervene and take appropriate action to protect you and your property.
3. If the Person Is a Tenant or Has Residency Rights
If the person is a tenant, the police may not be able to remove them without an eviction order.
Even if they are no longer paying rent, you must go through the formal eviction process before police can assist in their removal.
What Legal Steps Can You Take to Remove an Unwanted Occupant?
If the person refusing to leave is not a trespasser but has some form of tenancy or residency claim, you must follow the legal eviction process.
The steps depend on whether they are a tenant, former partner, or squatter.
1. Serving a Notice to Vacate
If the person has tenancy rights, you must provide a written notice to vacate. This notice should include a deadline for them to leave. The required notice period depends on your state or territory’s tenancy laws.
2. Applying for a Termination Order
If the occupant does not leave by the deadline, you may need to apply for a termination or possession order through your local tenancy tribunal or court.
This order legally requires them to vacate the property.
3. Requesting a Warrant for Possession
If the person still refuses to leave after receiving a termination order, you can request a warrant for possession.
This allows court-appointed officers, such as the police or a sheriff, to lawfully remove them from the property.
4. Dealing With Squatters
Squatters are people who unlawfully occupy a property without permission. You can apply for a possession order through the court to remove them.
In some cases, if a squatter has been living in a property for a long time, they may attempt to claim legal ownership through adverse possession laws. Seeking legal advice early is crucial in these situations.
Can You Be Sued for Forcing Someone Out Without a Court Order?
Yes, if you attempt to physically remove someone or change the locks without following legal procedures, you could face legal consequences.
1. Unlawful Eviction Claims
If the person is a tenant, even informally, locking them out without an eviction order could result in legal action against you. You may be ordered to pay compensation or penalties.
2. Criminal Charges
Using physical force to remove someone could lead to assault or harassment charges. Even if they are unlawfully on your property, taking matters into your own hands can backfire legally.
3. Trespassing Accusations
If the occupant has some legal right to stay, entering their space without permission—such as a locked room in a shared house—could be considered trespassing under Australian law.
To avoid these risks, always follow the correct legal process when dealing with unwanted occupants.
Handling Unwanted Occupants the Right Way
If you ask someone to leave your property and they refuse, it is important to act legally and carefully.
Whether they are a guest, tenant, or unlawful occupant, you must follow the proper steps to remove them without putting yourself at legal risk.
Calling the police may be an option in some cases, but for tenants or long-term occupants, you will need to issue a formal notice and possibly go through the court system.
Trying to remove someone by force could lead to legal action against you, so it is always best to seek legal advice before taking any action.
If you need professional legal assistance to resolve a property dispute, Ipswich Family Lawyers can help.
Our experienced team provides expert advice on property rights, tenancy disputes, and eviction proceedings. Contact us today to discuss your situation and ensure your rights are protected.
