How Do You Get Unwanted Person to Move out of House?

maf101 on 24/08/2016 - 14:25
Last edited 24/08/2016 - 14:39 by 1 other user

My elderly Uncle met a women at a charity. I'm unsure of the details. Basically she's from NZ, has no job, no money & no income. She said she could be his Carer. He let her move in. He found out she's not entitled to Centrelink benefits and cannot claim a Carers pension. He is fully supporting her financially. She is controlling and he does not want her living with him. My Uncle owns the house. He's in QLD. There is no rental agreement or anything in place.

He's been trying to kick her out for the past two months but she won't leave. How does he get her to leave?

Home & Garden

Comments

  • inherentchoice on 24/08/2016 - 14:45
    +13

    Feel sorry for your Uncle. Is it worth having a chat to police to see if they can assist? Sounds to me like this situation amounts to trespass or even stalking under the criminal code.

    http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s…

    And apparently it's legal to forcibly remove such people from your property…

    http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s…

  • psyren89 on 24/08/2016 - 14:46
    +10

    Call police, tell them to remove her from the premises as she has no right to be there.

  • niner on 24/08/2016 - 14:47
    +1

    Police!!!

  • xyron on 24/08/2016 - 14:51
    +11

    sounds like she only been granted a bare licence from the uncle to stay there at will (heres hoping she didnt get him to sign anything that says otherwise). a bare licence can be revoked by the grantor at will (think of it like inviting a friend to hang out at your house - they only have a legal right to stay there so long as you or the leaseholder/title holder consents to it).

    only way to really address the situation is to move all of her stuff out of the house and change the locks while she is out.

    if she physically wont leave then you will need to get the police involved to remove her (dont try and physically remove her yourself or you'll face DV/assault charges pretty quickly)

    • altomic on 24/08/2016 - 15:30
      +7

      this move all of her stuff out of the house and change the locks while she is out.

    • inherentchoice on 24/08/2016 - 15:44
      +2

      dont try and physically remove her yourself or you'll face DV/assault charges pretty quickly

      But section 277 of the criminal code says it's lawful to use force as is reasonably necessary to remove a person who is wrongfully on your property.

      • xyron on 24/08/2016 - 16:38
        +2

        do you want to be the one who argues that point on the OP's uncle's behalf when the police come knocking?

        unfortunately given the prevalence of DV these days the police have very little discretion when it comes to reports of alleged DV (even though, sadly, a great number of them are rubbish).

        • psyren89 on 24/08/2016 - 17:26

          Using common sense (of which the law has none), DV charges seem unlikely considering she was originally intended to be a carer for the would-be accused.

        • inherentchoice on 24/08/2016 - 17:27
          +1

          Unless it results in grievous bodily harm (i.e. organ loss or permanent injury), then I think the law is pretty clear that you are protected by law for using force to remove a trespasser and you cannot be charged for DV. DV is between domestic partners, NOT a trespasser. If you were really concerned then just have third party witnesses present and one of them can even film it.

        • hibijibis on 26/08/2016 - 08:46
          +4

          @inherentchoice:

          if she goes for the DV/assault angle retaliate with the elder abuse angle!

        • catbrain on 26/08/2016 - 10:26
          +1

          @inherentchoice: I think you might need some clarification of what is a "trespasser". If she has been living in the house and her belongings are on the property, that might not be considered "trespassing".

        • inherentchoice on 26/08/2016 - 10:52

          @catbrain: well it uses the phrase "in order to remove therefrom a person who wrongfully remains therein".

          But yes there may be some doubt about whether this applies to the kiwi lady and it would depend on all the circumstances, which we don't know.

        • chumbucket on 27/08/2016 - 09:09
          +1

          @inherentchoice: In QLD Grievous Bodily Harm is interpreted to include any breakage of the skin. So if she gets cut while he is forcing her out there is grounds to be charged. Much simpler to involve the police.

        • inherentchoice on 27/08/2016 - 11:32

          @Olliethechum:

          What is your reference for this?

          The definition in the Criminal Code is as follows:

          grievous bodily harm means—
          (a) the loss of a distinct part or an organ of the body; or
          (b) serious disfigurement; or
          (c) any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health;

        • try2bhelpful on 27/08/2016 - 13:15
          +2

          What a crock on "a great number of them are rubbish". You want to cite some statistics on that, because everything I read about DV shows it is a severly under reported crime. Maybe you need to get out and read a newspaper every now and again to see the number of victims who have been murdered by their estranged partners. If you hit someone it is assault, whether you think so or not.

        • chumbucket on 28/08/2016 - 10:09
          +1

          @inherentchoice: https://www.qld.gov.au/law/crime-and-police/types-of-crime/a… few paragraphs down. Would constitute more Unlawful Wounding than GBH.

  • [Deactivated] on 24/08/2016 - 15:09
    +16

    BIKIES

  • Savas on 24/08/2016 - 15:26
    +1

    If a burglar was in your house would you make them a cup of tea?

    • supnigs super skids on 24/08/2016 - 18:56
      +1

      Say hello to Mr baseball bat or Mr rolled up newspaper that leaves no bruises

      • Euphemistic on 25/08/2016 - 12:47
        +8

        It's a bit hard to roll up an ipad, and they tend to get damaged when you 'introduce' them to people.

      • frostman on 26/08/2016 - 09:54
        -1

        LOLS

    • outlander on 26/08/2016 - 09:56
      +2

      "How many spoonfuls of spoonfuls of crushed up sleeping tablets do you take in yours?"

  • ramb9 on 24/08/2016 - 15:50
    +2

    It's a crime to be nice in this age and time!

  • maf101 on 24/08/2016 - 16:21

    He's tried the Police. I'm unsure why they won't do anything. He's tried locking her outside but he always lets her back in. I found out today she has keys :( He's considering changing the locks but he was advised against this by some Elder/ Senior abuse hotline.

    I don't believe anything has been signed.

    • inherentchoice on 24/08/2016 - 17:21
      +6

      I would talk to the Police again, perhaps you need to talk to them on behalf of your Uncle. They may give some advice, even if they don't assist directly.

      Otherwise I think the best way is if you could somehow get her to leave on her own accord. Maybe read up on negotiation techniques and you may need to confront her yourself and reason with her. You could tell her your concerns and that she must find somewhere else to go. Maybe ask her to give you a date when she will leave. If she willingly gives you her own date, then she is more likely to stick to it. If she refuses to give you a date then explain to her that she is wrongfully staying and you can legally have her forcibly removed, so it's easier for everyone if she cooperates. If negotiation still fails then you can just do what xyron/altomic suggested, but your Uncle must resolve not to let her back in as he did in the past.

      • Skinnerr on 27/08/2016 - 07:39
        +2

        Better yet, go down to the station and explain the situation. Ive had some informative chats at police stations about the legality of certain things and they are always helpful.

      • Kangal on 28/08/2016 - 09:51

        ^This.

        The more important thing is for the Uncle to know that once she is kicked out, that she is not welcome back in… even for "a cuppa tea".
        Make a decision, stick to it.

        It's best to get her to move out soon on her own.
        If refused, when she is gone it is okay to move her belongings to the front yard/footpath and change the locks.
        Worse comes to worse, actually invite the Police to your house, and use Police assistance to remove her and belongings from your house.

        I had a somewhat relevant experience 8 months ago.

  • fruit on 24/08/2016 - 17:53
    +8

    Leave a steamer in the dunny

  • FirstNameLastName on 24/08/2016 - 20:13

    Could also talk to RTA.

    I believe in QLD that if she's not on the lease, or an 'approved tenant', or documented somehow as a boarder, then I think you can put her things out and change the locks. The police probably won't direct her back into the house, instead they'll direct her to QCAT/RTA to resolve the matter in civil court.

    (in my qld sharehouse days I lived with an insane female ex-con who changed the locks on me.. i went in through a window and she called the cops who were in the middle of arresting me when I mentioned that I'm actually on the lease and had said document in my room.. still.. I moved out within a few days as it wasn't worth the drama)

  • FirstNameLastName on 24/08/2016 - 20:20

    p.s. if it's possible for you/relative to live with uncle for a bit, maybe do that.. or see if he's up for the idea of renting the place out and staying with family.. anyway good luck with this

  • srhardy on 25/08/2016 - 07:36

    If you had sex with her, then the law will see this as a relationship and the police wont act as its a domestic situation and if she has lived with him for 6 months then she will be entitled to a share of the estate as leaving will be depriving her of her share of the value of the home. She only needs a $2 first year lawyer and she will score big out of this!

    • fruit on 25/08/2016 - 10:57
      +2

      Wait… if I have sex with a person in my house that means they are in a relationship with me?
      Hm.. I'm going to need a sarcasm detector.

      • Euphemistic on 25/08/2016 - 12:49
        +1

        It's a shame when you need a sarcasm detector if someone wants you to hop into bed.

    • supnigs super skids on 25/08/2016 - 13:26
      +1

      I've herd about this as well the defacto relationship bit. But what is defacto is up to the law I guess.

      I guess if you pay her some money she is then a hooker.. And then it may not count lol. But why would you let a homeless hooker live in your house for so long?… Oh the drama

    • Wallyt99 on 25/08/2016 - 22:09

      Bollocks. She wouldnt be entitled to a cent (its completely at the discretion of the court btw).

    • chumlee on 26/08/2016 - 07:08
      +3

      LOL. That's BS.

      To claim a portion of the property she will need to prove she has contributed to it in some way, ie contributing to the mortgage, paying for improvements etc. Living with someone for 6 months doesn't entitle you to anything automatically.

      There was a case recently in the high court where a husband won first division tatts and didn't tell his wife. When they split she found out about the win and sued for half and lost. Have a read of it as it will educate you on how the law works on these matters instead of writing dribble

      • CandyMan on 27/08/2016 - 08:27
        +3

        Unfortunately a lot of older people chose to live alone for this very reason. After six months they are considered a partner and entitled to inheritence. Its called exploitation. Either she knows this or shes just dumb snd wants a place to stay.

        I suggest you call senior rights service who can provide legal advice to your uncle. You can call the elders abuse line (claim financial or emotional abuse) and go from there

        • chumlee on 27/08/2016 - 09:47

          Really? after 6 months they are entitled to inheritance? can you direct me to the legislation that states this as it's not my understanding of how it works.

        • CandyMan on 27/08/2016 - 10:12

          @chumlee: there has been precedents and a lot of older people are aware of this issue. I cant redirect you to the legistlation as im not a lawyer.

          My guess it might be a grey area in law

          Btw this issue is different than the issue on the link you posted above

        • chumlee on 27/08/2016 - 10:18

          So there is no law which means it's not true.

          To claim some inheritance you need to prove the deceased had an obligation to look after you. It's not based on months together or any other nonsense like that. It's why wills get tested in court so often and why in Victoria they have limited who can contest a will.

        • CandyMan on 27/08/2016 - 10:18
          +1

          @chumlee:
          Heres an link regarding unpaid carers
          https://www.mauriceblackburn.com.au/will-disputes/frequently…

          The op said the lady moved in as to care for his uncle

        • chumlee on 27/08/2016 - 10:28

          Yes it says what I mentioned. Career will need to prove the uncle had an obligation/responsibility to look after her. Based on the fact the uncle didn't want her in his house let alone his life and it's only been a short period of time she would have no chance.

        • CandyMan on 27/08/2016 - 10:40

          @chumlee: until a smart lawyer steps in. The sequence of events can be used to prove a partner or caring relationship. There are precedents. Its called financial abuse

        • krunchymoses on 28/08/2016 - 09:56
          +1

          @CandyMan: This is the best advice in the thread. Those look like good leads for contact.

  • Birchy on 25/08/2016 - 08:26
    +1

    If she is from overseas and has no means of financel support can't you call imagration and have her deportted?

    • Deridas on 25/08/2016 - 12:34

      Can't deport a kiwi I'm afraid.

      • FutureTech on 26/08/2016 - 00:17
        +2

        I don't think that's true. as suggested by this:
        http://www.abc.net.au/news/2015-11-19/first-new-zealanders-d…
        But maybe not on financial grounds though. Although if she continue to trespass and leads eventally to an conviction and a sentence greater than 12 months. She'll be deported.

        • MrTweek on 26/08/2016 - 12:29
          +1

          I believe you need to get convicted to 10 years in jail or more to get deported as a Kiwi.

  • Gershom on 25/08/2016 - 11:45

    Police. If they don't help, get Spike and Lefty from the local bike gang.

    • dogboy on 26/08/2016 - 08:57

      Police are pretty useless in situations like this.

      • OzzyOzbourne on 26/08/2016 - 14:08

        Police are pretty useless in most situations that don't earn revenue.
        When you're 5ks over the limit on an empty 4 lane freeway, then they'll take some action.

  • [Deactivated] on 25/08/2016 - 15:03

    Tie her up, torture her, stream live on net, charge subscription.

    *** does your uncle truly want her out, or is he in the cycle of kick her out then let her back in, rinse repeat ?

    Is there more to this story ?
    Was he ambiguous with the police, not clear enough "somebody conned there way into my house and I want them removed now" ?

  • Wallyt99 on 25/08/2016 - 22:10
    +11

    I reckon the uncle 'lets her back in' in the hope she will 'let him back in'.

    • FutureTech on 26/08/2016 - 00:17

      I see what you did there

  • King Steuart on 26/08/2016 - 06:38
    +8

    Throw all her shit out on the nature strip and change the locks. Film what proceeds and put on youtube labeled "Ultimate Golddigger Prank: I Let Her Move In!"

  • shortgum on 26/08/2016 - 07:15

    Wait. is this case too simple? maybe some other complicated issues leading to this happen?

  • EmCKay on 26/08/2016 - 07:37

    Go to your uncle's and get him to sign something to the effect of: he doesn't want the woman there and that you will be acting on his behalf in this matter. Then get her out. He may suffer the guilts or be too soft and let her back in but you won't. Of course if you do change the locks and he gives her a key then he has made his choice to continue in this ridiculousness. Also talk to his landlord/agent. If she isn't on the lease then she doesn't belong there.

  • captobvious on 26/08/2016 - 07:39

    get her to do something criminal, then call peter dutton up.

    • Baysew on 26/08/2016 - 09:45

      Basically she's from NZ

      That would probably be enough for Peter to come over and tell his bad jokes.

  • mousie on 26/08/2016 - 09:41
    +1

    Move in with your uncle..

    Rent free and you can save on your streaming TV or foxtel subscription.

    Bring popcorn.

  • frostman on 26/08/2016 - 09:55
    +1

    My elderly Uncle met a women at a charity. I'm unsure of the details.

    Sounds like we're not getting the full picture here, so anyone commenting here with suggestions (other than the hilarious Jokes which i loved) is purely speculation.

    The Woman will not move in to your uncles house and pack up from whatever house she was in (presuming she wasn't homeless) to control your dad's house, sounds absurd.
    There must have been more to the agreement of carer for your uncle and things went south and they disagreed. At face value, I can see that she's in the wrong but we don't have details, but hey, let's continue the jokes.

    PS. I loved the rolled up news paper hahahahah couldnt stop laughing.

    Ok here's a thought.

    Make her tea everyday with a very strong laxative, once she's pooping her guts out, move her belonging outside the door and call a maxicab to wait outside advising that an old lady wants to be picked up

  • Donaldhump on 26/08/2016 - 12:44
    +5

    women leave me all the time, you uncle has the ultimate opposite problem

  • Mumbles on 26/08/2016 - 13:32
    -1

    I'm a little weird and think your uncle has a unique opportunity to have fun and experiment. Ask uncle to relax with life and enjoy being the most untidy person in the world.

    Example:
    - Use her bedroom as a computer room, snooker room, laundry room, store room, etc.
    - Make it less comfortable by randomly creating issues like missing fuses, no hot water, broken light switches/bulbs, disabled power sockets.
    - Move all the entertainment from lounge room into uncles bedroom.
    - Leave the fridge empty. Uncle can have fun for a month eating out with family and friends for a month.
    - Sell or donate every bed in the house (except for uncles').
    - Remove the door off every bedroom. Its better ventilation.
    - Remove the curtains from every window except your uncles bedroom. Its better for natural lighting.
    - Remove the window lock on her bedroom window. Throw out any window props/pipe/doweling she uses to block the window.
    - Disable the main bathroom but leave uncles en-suite bathroom intact. Ask uncle to consistently leave a surprise in the toilet.
    - Regularly invite guests over.
    - Visit street charities and soup kitchens. Meet interesting people and invite random strangers over for long coffee sessions. Better if they are males and when she is sleeping.
    - Install a 24hour camera in her bedroom and bathroom. Locate the HDD recorder in the roof. Live stream the security video onto the internet. The camera's are legal if uncle is the home owner. Charge her for property damage and assault when she flips out.
    - Pay a locksmith to change the door locks. When she comes back call the Police and report her as a violent intruder.

    Uncle can be creative and live however he wants. Its his house after all.

    • The Cheapskate on 26/08/2016 - 14:32
      +4
      • Install a 24hour camera in her bedroom and bathroom. Locate the HDD recorder in the roof. Live stream the security video onto the internet. The camera's are legal if uncle is the home owner.

      This is not legal. Doesn't matter if you're the homeowner.

      • Mumbles on 26/08/2016 - 15:01

        My bad. You are correct. I looked up a list of each state and their laws regarding optical surveillance:
        http://www.privatei.com.au/blog/optical-surveillance-laws-in…

        I don't recommend anyone use real cameras. A grey area is fake CCD camera's (empty domes, blinking lights) as they are not optical devices and can't record. I don't think the law has caught up with these. To cover yourself pay a professional installer to glue the domes on the ceiling and write out an itemised receipt proving they installed a fake.

  • Stphen on 26/08/2016 - 15:17
    +3

    So basically a homeless woman in house, and who has been stalking your uncle. You and uncle need to be on same page and sort it out with police, get an AVO.

    Apprehended Violence Order (AVO) is an Order made by a court against a person who makes you fear for your safety, to protect you from further violence, intimidation or harassment.

    What are my legal rights?

    Everyone has the right to live without fear of violence or abuse. The Domestic and Family Violence Protection Act 2012 was created to give people legal protection from violent relationships. If you are experiencing violence in a relationship you can:
    •apply for a domestic violence order to help stop the violence
    •apply for an urgent temporary protection order
    •ask the police to press charges against the person being violent.

    Who can apply for a domestic violence order?

    You can apply for a domestic violence order if you are experiencing violence in a relationship. Relationships covered by the law include:

    •an informal care relationship (where one person is dependent on the other person for help in an activity of daily living like dressing and cooking for them).

    What is domestic and family violence?

    Domestic violence behaviour includes when another person you are in a relationship with:
    •is physically or sexually abusive to you, or
    •is emotionally or psychologically abusive to you, or
    •is economically abusive to you, or
    •is threatening, or
    •is coercive, or
    •in any other way controls or dominates you and causes you to fear for your safety or wellbeing or that of someone else.

    Examples of this type of behaviour include:
    •injuring you or threatening to injure you – punching, strangling you, grabbing your throat, pushing, slapping, pulling your hair or twisting your arms
    •repeatedly calling, SMS texting or emailing you, or contacting you on your social networking site without your consent
    •damaging (or threatening to damage) your property, eg punching holes in the walls or breaking plates
    •stalking or following you or remaining outside your house or place of work
    •monitoring you (unauthorised surveillance) including reading your text messages, your email account, your internet browser history, your social networking site
    •putting you down or making racial taunts
    •holding you against your will
    •forcing you to engage in sexual activities without your consent
    •getting someone else to injure, intimidate, harass or threaten you, or damage your property
    •threatening to commit suicide or self-harm to scare you
    •threatening you with the death or harm of another person
    •threatening to withdraw their care of you if you don’t do something
    •coercing you to give them your social security payments
    •forcing you to sign a power of attorney to them against your will so that they manage your finances
    •threatening to disclose your sexual orientation to your friends or family without your consent
    •preventing you from making or keeping connections with your family, friends or culture, including cultural or spiritual ceremonies or practices.

    http://www.legalaid.qld.gov.au/Find-legal-information/Factsh…

  • maf101 on 26/08/2016 - 16:07
    +29

    Thank you for all the suggestions. Relatives from Interstate flew up today. They are staying with my Uncle for a little while. They kicked the women out. They've installed deadbolts and are fixing the security system. Hopefully she'll stay away this time.

    • VerticallyIntegrated on 26/08/2016 - 18:20
      +3

      They kicked the women out.

      Is your uncle Charlie Sheen?

      • Diji1 on 26/08/2016 - 19:26

        Yes.

  • TheBird on 26/08/2016 - 17:11
    +3

    I say, take off and nuke the site from orbit. It's the only way to be sure.

    • bassmaniac69 on 26/08/2016 - 21:11

      Lol, best quote of the day, dear sir. You win! :)

      • StewBalls on 26/08/2016 - 21:46
        +1

        Game over man; GAME OVER!

  • MessyG on 26/08/2016 - 21:14
    +3

    Not much to add to the already excellent comments and good job for kicking her out. This is actually elder abuse - there's a number of resources online. In addition to what you've done I'd be getting your uncle's GP to put him in touch with a good community social worker who might be able to get him access to some social outings that don't end up in this mess.

  • StewBalls on 26/08/2016 - 21:52
    +1

    Don't the two phrases "Basically she's from NZ" and "has no job, no money & no income" essentially mean the same thing???

    I'll just fetch my asbestos suit, bru… :P

  • Bargaingeek on 26/08/2016 - 22:02
    -1

    This is called trespass , in USA u have the right to gun down someone like her. Call the police right away and say she is a stranger forcing herself in the house

  • Unknown1 on 27/08/2016 - 13:03

    Have you tried setting the house on fire? That'd get her to move.

    or

    Perhaps challenge her to a ring toss outside. Once she steps outside, run back in the house and lock the door.

    https://www.youtube.com/watch?v=kk1aHdjF8tg

    Serious answer:
    Does she leave the house, for a period of time? If so change the locks during the outing and put a camera outside. Because any attempts to break-in or trespass will be on camera and you can alert the authorities.

    Detering with an unpleasant smell, noise or sight is another option and is commonly used to remove pests. However, what to utilise will depend upon on the situation. For example, I could suggest buying a large attack dog but since your uncle requires a carer it's not a suitable option.

    All I can say is good luck.

  • DICKY 1 on 07/09/2016 - 16:45

    speak with your local chamber of magistrate at the local court house or make contact with the protective commissioners office.Abuse of the elderly is not tolerated,give caution to all his financial matters and seek assistance via a goverment department asap.Good luck be strong and honest.

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