Hi,
I've recently let a family member stay on in one of my properties while I moved out. There's no formal lease agreement, no tenancy arrangement, no agent, etc. Due to the family connection, there's also no rent charged. The topic has been discussed on many occasions, but the new "tenant" is refusing to have any formalities arranged and is in a position where they can't afford to pay any rent. They're also refusing to leave the house. Eventually they intend to move out, but that date is always extended out into the future, when and as convenient. It's expected that I pay all bills (even utilities, not just bills a landlord is normally responsible for), with the statement that it's my house, therefore my responsibility. This could go on forever. I'm out of pocket, losing money, stressed to the max, and the relationship is almost ruined. What makes this even more difficult is the fact that there's a young child involved (who is also at the property), so the option of just kicking them out somehow doesn't seem humane. I feel like I'm being taken for a ride and I'm the sucker here.
My question is basically what my options are, legally, so I can obtain control over my house again and do as I wish with it.
Thank you!
You need to seek legal help immediately. This happens way to often and it can take forever get these people out. If the utility bills are in your name than you are in big trouble from the financial side. If the water/electricity is in your name I'd consider cutting it straight away and see how long they can last with no hot water and electricity. I know it sucks with it been a family member but it is your money that you are losing. The government has plenty of houses for people in these situations. They made the choice not to pay you rent.
Tony Fleming | Triumphant Property Group
http://www.triumphantpropertygroup.com.au
Email MeNSW Buyer's Agent specialising in Western Sydney-Blue Mountains-Orange-Albury
Easier said than done, Dark Knight. What worries me most is the child who's involved in this situation. I don't want the kid moving to a housing commission or somewhere dodgy. I'll keep paying the bills for as long as I can, as they're in my name, but I definitely feel stupid and soft. They're milking it for all it's worth, as they know I don't have the heart to kick them out. I'm in between a rock and a hard place. Their situation isn't easy either, as they're short on cash and that's a stress in itself, but I'm not responsible for their finances, just my own.
I have sought legal help, but the response is generally the same – to exercise my right as the property owner, perhaps change the locks, or just evict them with an order. This option would be much easier if I wasn't related to these people and they were just regular tenants, but this is where I have a problem with this, mainly in that there's a child involved.
Hi Polaris
I would cancel utilities if they are in your name. If at one point you cannot afford to keep paying these services you will be liable for all costs incurred. If may also entice this guest to seek alternate lodging.
Hi Polaris,
I understand that you are caught between a rock and a hard place because there is a child involved and no-one wants to see a child suffer and this person knows this and is using it to their advantage.
You've tried politely asking them to move on and they keep stretching it out and you don't really want to have to evict them. So instead of asking them why not state to them very clearly that you require the property on such and such a date, giving them reasonable time to find alternative accommodation. Make it very clear that you're not giving them an option on the date, you're telling them the date that you need the property back.
If they are in such dire financial circumstances perhaps it's best that they seek professional help from some charity organisations that are able to provide food and accommodation. You could even make the phone call if they are unwilling.
As you said the relationship is almost ruined anyway so you've got nothing to lose, except your own money if you don't take action.
Cheers,
Sundance
This is why I never let family members rent my places, even if if they got money/ jobs etc.
Most states have emergency housing for situations like your family members are in, some charities provide it:
if you call your state government housing authority they will be able to put you in touch with the right people.
If they still don't want to leave & it gets nasty change the locks when there out one day, cut the services to the property (smoke them out), call the police. They have no lawful right to be their, they have no lease, all the services in you name, title is in your name.
Unfortunately you have to man up (or woman up) in this situation. Everybody has encountered situations in life where it feels like it would
be easier to just keep things as they are because they are afraid of confrontation.
You need to be upfront with them. Although cancelling water and power would sound like a good option. Would leave a bitter taste in the other parties mouths afterwards. Be honest with yourself.
you have to ask them to leave and you have to give a deadline. You have to say you are moving out at the end of the week and force the issue. And then if they haven't made the decision to move on out. You move there gear out the front and you change the locks. They are going to be a bit bitter about it anyway but you have to accept that.
If it's causing you stress and financial hurt. Then you are sabotaging your own well being.
Make the mental decision and once you stick to it. It's going to hurt. And you might get yelled out and they might not like you after. But if you feel taken advantage of please take some action.
LESSON learnt- ALWAYS have a lease.
Be very careful just cutting power. If you think this is going to drag on you could send her a letter saying she needs to connect the electricity ASAP. THEN cut it off. It's then her responsibility. But then she has a claim that she's paying elec etc.
Can you move back in, then force her out? It's difficult with you not in there. If you are living there it's just a matter of getting a boarder out (as opposed to a tenant). Much easier.
Otherwise this could drag on for years. Don't you watch Current Affair.
I feel for you. Forget the family connection. Do whatever it takes. She can go to public housing and cry "I've been kicked out etc".
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