EDIT 7/1/14: Managed to talk in person with this housemate and sort everything out. Was not hostile in any way and all arrears have finally been paid.
The eviction date was set and there has been no need to involve any outside authorities.
I just thank my lucky stars as this has turned out to be the best possible outcome and i know from reading the forums that many people have not come close to a resolution like this.
At least now, thanks to your help and a lot of research, im going to be way more vigilant when it comes to having a sub-tenant.
For anyone that comes across this thread, best thing to do if you're in a similar situation:
- Tenancy Union – They helped me a great deal and allowed me to explain my situation and gave me in depth steps on what to do next.
- Consumer Affairs – They gave me all the necessary links and forms for Notice to Vacate and information on a Possession Order.
- VCAT – Although not particularly helpful (probably due to being an authority and not an advice line like the Tenancy Union), they did explain how to fill out and understand the form.
Thanks again everyone who commented some form of advice. All greatly appreciated!
EDIT 6/1/14: Thanks everyone for all your input and advice.
I've called VCAT, Consumer Affairs and the Tenancy Union and know exactly what i have to do now.
They are indeed a sub-tenant as i am renting from an owner, and don't own the property myself. As such, the sub-tenant still has all the rights outlined in the Residential Tenancies Act.
I need to serve the Notice to Vacate form with 14 days notice.
The subletting agreement that was signed between myself and my housemate is legal and can be used as evidence in a hearing.
I can't refuse entry.
I can't dispose of their possessions unless they are perishables.
I can get someone from the Tenancy Union to do a goods inspection to deem which is acceptable and which is not.
I can move their things to storage after the vacate notice has expired.
I can get a Possession Order from VCAT only after the vacate notice has expired.
If i want to claim bond or compensation, VCAT will issue a tribunal hearing which will address the issues and any compensation.
Housemate finally got in contact, and will be here tomorrow. Getting prepared for a stern chat, will update on what happens!
EDIT: I will be calling the Tenancy Union and Consumer Affairs come Monday to see what my options are. It all comes down to what the housemate is classified as. It's my understanding that boarders or licensees have little to no rights, whereas a sub-tenant will require proper notice of eviction (14 days in this case) because they are over more than 14 days in rent.
I've posted this same topic on Whirlpool, but i'm hoping someone on this forum has something they could add.
http://forums.whirlpool.net.au/forum-replies.cfm?t=2203155&p…
Hi everyone, i've done a search of the forums and read through so many threads i think my eyes are now square. This is a giant wall of text documenting everything that has happened, there is TL;DR at the end.
I have a situation where myself and my girlfriend are renting a 2 bedroom apartment just out of Melbourne City.
In an attempt to save a bit of money faster, we decided to sublet our spare bedroom out.
This is how we have set it out:
Have permission from Property Manager and Landlord to sublet.
Have a set of rules and a sublet agreement drawn up by myself that includes:
~ start/end date of said agreement
~ persons included in the agreement
~ amount of rent due and when it is due
~ signature and date of all included
~ copies have been given to everyoneBills are included in the price we charge to simplify everything.
Have taken a bond in advance and lodged with RTBA.
We have been doing this now for just over a year having 3 successful short term housemates come and go without a problem.
Bringing me to today where our 4th housemate has not paid rent for a whole calendar month and is avoiding all contact via messaging and calling. All their possessions are still here.
On many previous occasions, i have asked for the rent to be deposited and each request has been met with varying degrees of excuses ranging from: I will do it on insert date to "My ex owes me money so they are going to transfer it to you…", etc…
I'm trying to settle this without either of us becoming hostile as it is in everyones interest. Although this is proving difficult since there is no contact.
The amount of rent owed exceeds the bond taken by ¼ as of today, so any further waiting is a loss and i just want to cut this off as soon as possible.
What further complicates the issue is that she is not a part of the rental agreement between myself and the real estate, so that puts rental blacklists out of the question as well as asking the property manager to serve an eviction notice. (I was in the process of gathering documents from the subtenant to put the housemate on the lease).
Does anybody on these forums have any idea how to handle this situation or what you would do in this situation?
I have considered bolting the doors from the inside to prevent access until she gets in contact.
What options do i have in terms of lodging a claim with the RTBA to release the bond to me and or pursuing the unpaid rent?
I know for a fact the sublet agreement/house rules that were signed between me and the housemate will not stand up in court so i don't think i have a leg to stand on in that sense.
Also, if i bolt the doors and prevent access, what options do i have of removing them from the premises? i.e involving the Police if necessary.
TL;DR
- Subletting spare room
- Housemate not paying rent
- Possessions still in apartment
- No contact with housemate
- Housemate only in written sublet agreement with me
- Housemate not on rental agreement with real estate
- Bond taken and lodged to RTBA
- How can i resolve this without hostility?
- Can i bolt the doors to prevent access?
- Can i have the Police remove the housemate from the premises?
- What are my options in lodging a claim to the bond and unpaid rent?
In final, i just want to say while this does seem like a mess and i may not have any options at all, i thought it would be worthwhile to see if anyone had any advice.
Thanks in advance for reading all this and giving any suggestions.
Are you sure that something hasn't happened to them?