Eviction without a lease

Discussion in 'Property Management' started by chrish, 3rd Jul, 2020.

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  1. chrish

    chrish Well-Known Member

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    A friend has rented out a room to someone, but with only a verbal agreement, no actual lease, and now wants her to move out.
    Given the Covid-19 eviction situation, does anyone know if he is able to do that, given there is no formal lease arrangement? Would there be any other complication, can it be a verbal request to move out or would a formal letter be required?
     
  2. thatbum

    thatbum Well-Known Member

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    If its in WA, the short answer is "probably not".

    If your friend lives in the same premises, it's probably not a residential tenancy, but a lodging agreement. Which falls under the current covid emergency legislation.
     
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  3. jaydee

    jaydee Well-Known Member

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    He can request that she move out verbally or in writing.

    The question you are really asking is what happens if she refuses?
     
  4. chrish

    chrish Well-Known Member

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    Thanks for that, I'll follow up on the lodging agreement.
     
  5. chrish

    chrish Well-Known Member

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    I guess my question is really, is a verbal request enough to initiate eviction proceedings, if they refuse to move out when requested to do so?
     
  6. MB18

    MB18 Well-Known Member

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    As I see it, if he is renting out a room with no agreement in place (as most houseshare arrangments are) then the person is little more than just a guest.

    Normally it is merely a case of saying 'Im sorry but I need the room back in a few weeks' and thats all there is to it.

    Is there more to the story as its rather unusual to be worried about complications in this scenario?

    If push comes to shove I would be surprised if the person renting the room actually has any formal right to be there.
     
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  7. Phoenix Pete

    Phoenix Pete Well-Known Member

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    I'd be very surprised too.
     
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  8. Mark F

    Mark F Well-Known Member

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    If they don't want to move just become the "bad" house mate. Eat what they put in the fridge and turn off the hot water claiming it is faulty.
     
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  9. Phoenix Pete

    Phoenix Pete Well-Known Member

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    ... or unleash a mouse or some cockroaches into her room. That should 'move the issue along' :D
     
  10. Mark F

    Mark F Well-Known Member

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    I forgot the most important part of 'bad" housemate - leave the toilet seat up and use up all the toilet paper.
     
  11. thatbum

    thatbum Well-Known Member

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    You guys don't seem to appreciate that renting a room out for money is almost certainly a legal contract. You can't just do whatever you want in unilaterally trying to terminate that contract, because you might be in breach of it, depending on what you you.

    Normally in WA there's no legislation covering that sort of contractual arrangement, but currently there is, as covid related legislation.

    Western Australian Legislation - Residential Tenancies (COVID-19 Response) Act 2020

    Have a good read, because the answers are in there.
     
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  12. MB18

    MB18 Well-Known Member

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    Renting out a room might be a legal contract (I dont know), but who says you are renting a room vs hosting a guest who just happens to give you cash occasionally for whatever reason.

    In any practical sense, you give the housemate the boot what are they going to do? Go through a court process hoping for a ruling in thier favor, or just move to another houseshare.
    I know if I was the housemate being asked to leave I wouldnt see myself arguing to stay, much less fighting it out.
     
  13. Zepth

    Zepth Well-Known Member

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    good luck arguing that you have a house guest that you didn’t know before they were your house guest and they “just happen” to give you the same cash amount every week/fortnight as a totally unrelated gift but it isn’t a rental arrangement....
     
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  14. MB18

    MB18 Well-Known Member

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    At the end of the day..... is this something that is likley to be taken to court to fight, or is it a situation just easier to walk away from.
    Housesharing is a social arrangment as much as anything and I cant think of many people who would take thier housemate/s through a legal fight to enable them to stay in a house nobody wants them in anyway.

    Merely a practical assessment of the situation.
     
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  15. SeafordSunshine

    SeafordSunshine Well-Known Member

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    That Bum,
    is it an implied licence to occupy?
    just a thought
     
  16. thatbum

    thatbum Well-Known Member

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    Barely any information, but I doubt its anything implied - it sounds like it was expressly discussed. A verbal agreement is still a valid contract, so its probably just a standard lodging agreement.

    Which falls under the current WA covid legislation.

    They could do both while making a claim for damages for the unlawful termination of their contract.
     
  17. MB18

    MB18 Well-Known Member

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    I dont doubt anything is possible, heck a meteorite might take them out tonight too, but I put money on it not happening. I have images of Judge Judy telling the plaintiff to pull thier head in and go away.

    Curiously is a verbal agreement even binding in this case? Other commonwealth countries I,ve lived that is they are, except where property is involved.
     
  18. Gypsyblood

    Gypsyblood Well-Known Member

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    I think your friend should be kind to this person. They are in a position of power as far as i am concerned and should check she has a safe place to go to and work it out with her amicably rather than escalating the situation.