Unhappy with your current roommate? Fret not, we’re here to show you how to kick out a roommate not on the lease in Australia.
When renting in Australia, all tenants must sign leases or rental agreements before moving into the apartment. Fortunately, these leases often prohibit in clear terms the moving in of other people whose names are not on the lease.
Additionally, guests are to stay in such apartments for only a few days. But what if they overstay their visit by force? What if they become squatters and are in their right? Can someone live with you without being on the lease? Here’s how to respond with causing trouble.
Landlords or homeowners with this kind of provision in their written agreement can terminate the tenancy of those who have breached the contract.
This means that tenants who bring in sub-tenants can be evicted when caught. However, this does not stop people from bringing unauthorised people into their apartments to live with them.
Then, when things get tense, they look for means to chase them away. Fortunately, there are several ways to evict a roommate, not on the lease agreement in Australia.
Kicking out a roommate legally
Being upset with your roommate isn’t easy, but at least you’ve learnt better how to find the perfect housemate. So, for now, here’s how to kick out a roommate, not on the lease in Australia.
1. Give a notice
Kicking out an unauthorised and adamant roommate can be difficult. In most states, renters who have spent a long period in a particular place have certain legal rights even if they moved in without the permission of the landlord.
Thus, if you are in a tight situation like this, you must put your unwanted occupants on notice or have them start paying rent.
Write a formal notice letting your roommate know they need to vacate the apartment with all their property. Ensure you give such a person a few weeks according to the state’s law.
We advise that you mail the notice to have evidence. If the occupant refuses to leave, you can forcefully evict him using the law.
2. Eviction lawsuit
In a situation whereby you are a head tenant (functioning as a landlord), there are processes you should follow before you evict a roommate, not on the lease.
If your sub-tenant refuses to move or pay rent, you should file an eviction order.
Kicking out your unauthorised roommate or sub-tenant can prove challenging when you do not have a written subtenant agreement. Moreover, if you are a master tenant, it means you have the legal backing of the landlord. Thus, if you want to kick out a roommate or housemate, you should contact a landlord-tenant attorney.
In most cases, people who become head tenants were once tenants who signed leases with other co-tenants. Then they continue living in the rental after the departure of other occupants.
3. Landlord’s help
To kick out an unwanted co-tenant, you can seek the help of your landlord. However, taking this decision depends on your relationship with the landlord.
If the homeowner is aware of the subtenant or the arrival of the roommate, he can help you. However, if the arrival of the roommate violates the rental agreement, your landlord might end up terminating your tenancy to put an end to the problem.
4. Employ the aid of the police
Perhaps you have an abusive roommate, or you fear for your safety, you should contact the police. However, we advise that you are wise in your decisions. Ensure that the abuser does not know your intention of seeking protection from the law, as they might take drastic actions.
FAQs on how to kick out a roommate not on the lease in Australia
Who is a sub-tenant?
When you want to know how to kick out a roommate, not on the lease in Australia, you must learn about some terms.
A sub-tenant is a person who rents a living space formally from another tenant. For subtenancy to occur, there must be a legal tenancy agreement between the tenant and the subtenant stating the amount the latter will pay. Generally, the eviction process for a sub-tenant is usually the same for a tenant.
Do I need to attend the court hearing to get a termination order for an unauthorised roommate?
Tenancy disputes are handled by the NSW Civil and Administrative Tribunal (NCAT). You must head to the community justice centre and attend the court hearing to evict your unauthorised roommate. Additionally, if your landlord filed the case on your behalf, he must attend the hearing.
How many days do I have to give an unauthorised occupant to move out?
Based on the residential tenancies act, you might have to give an occupant 30 days to move out. This is because you might have to treat such a person as a legal housemate even if he is not on the lease, depending on the common law.
However, if you are evicting someone for an offence, you might only have to give 14 days to vacate the apartment.
Conclusion: how to kick out a roommate not on the lease in Australia
Now you are informed about how to kick out a roommate, not on the lease in Australia. You might never have to evict your friend, roommate, family member, or guest from your apartment. But, if it does happen, you know how to respond legally.
