VIC Inheritance - How to Evict Tenants with No Lease?

[angieL]

Just after some help as to what the procedure would be to evict a resident from a property I've recently inherited.

They are a family member and have been living in the property with no lease agreement and without paying rent for 4+ years, so technically they may be squatting? However, now that the property has been transferred into my name, what steps are necessary now if they do not co-operate with my requests to leave?

They have brought the property into a state of disrepair with junk everywhere, so I am keen to get them out ASAP so I can clean the place and get it rented out.

Any info or suggestions would be much appreciated

 

[Rod]

Send them a notice to vacate. Pick the one that applies:

Landlord giving notice to vacate - Consumer Affairs Victoria

 

[angieL]

Thanks for your response!

As there is no tenancy agreement or lease in place, and no rent is being paid, do you know if they would be classified as a tenant or squatter? Just wondering as the required period of notice to vacate would be different in each case, from my understanding squatters can be moved on almost immediately, which would be preferable but I am willing to negotiate a date they need to be out by.

However, I suspect that they will drag their feet and make the process as difficult as possible. If they refuse or are not out by the required date, is it correct that I would need to seek a warrant of possession from VCAT and then have the local police carry this out? Thanks again for your help!

 

[Rod]

so technically they may be squatting?

Unlikely. More likely they are a tenant on very generous terms, with a periodic lease. They will also likely have services connected in their name.

The most fair thing is to give them notice.

 

[Matthew Karakoulakis]

Just after some help as to what the procedure would be to evict a resident from a property I've recently inherited.

They are a family member and have been living in the property with no lease agreement and without paying rent for 4+ years, so technically they may be squatting? However, now that the property has been transferred into my name, what steps are necessary now if they do not co-operate with my requests to leave?

They have brought the property into a state of disrepair with junk everywhere, so I am keen to get them out ASAP so I can clean the place and get it rented out.

Any info or suggestions would be much appreciated

Hi Angie,

This sounds like a situation where you need to remove the family member from the property as soon as possible. Despite there not being a formal lease in place, a tenancy may still exist in certain circumstances. If you wish to remove the tenant and they do not comply with your request, it is important that you act quickly and follow the procedure strictly, as this process can get complex and difficult.

Please feel free to contact me via the link Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly to arrange an appointment where I can give you the practical and legal advice that is required.

Yours faithfully,