‘Tenant’ becomes physically aggressive towards landlord

Hi all,

My partner has a unit that he has been leasing at reduced rate, with no written lease or bond paid (idiot) to a ‘friend of a friend’ who was helping him renovate it initially (renovations complete nov 18).

6 weeks ago he notified the tenant verbally that he would need to vacate in 2 months as we are planning on selling. At the start of the lease he told the tenant we would be selling in June 2019.

Tenant has not paid rent in 2 months (not the issue, just back story)

This week my partner tells me the tenant asked for him to go to the unit. My partner visited the unit and the tenant had attempted to retile the bathroom (horribly and no one asked him to). Partner wasn’t happy with the work and didn’t understand why he had done it (apparently stuff like this has been happening for months, painting walls bright orange and purple etc). Partner reminded the tenant that he had to vacate in 2 weeks. Tenant then became physically aggressive, told my partner he was going to murder him and burn the unit to the ground. He then chased him down the street and attempted to attack him. Police have been contacted, however they are unable to help remove the tenant. We are now terrified of the tenant finding out where we live and hurting us and also damaging the property. I’m also worried about visiting the property after the tenant vacates as I’m scared he will be waiting for us. We will need to re paint and fix the bathroom prior to putting the unit on the market.

My question is... How can we legally get the tenant out of the property ASAP? We are located in Victoria and the property is part of a strata. I’m not concerned about the missing rent or the bathroom damage, I just want the guy out!

 

Seek advice from VCat, serve correct notice as if there was a written lease. Don't do things by half.

 

No written agreement/lease in place basically means you have a squatter......
Is it a security building ?

 

How come the police didn't charge him with anything? You can't just threaten to kill someone and expect no consequences. I heard this many times over the forums but find it hard to believe.
Violent behaviour | Victoria Legal Aid

 

I will contact VCAT when they open again tomorrow and get some advice.

It is not a security building, it’s a set of single level attached units.

Police were unable to attend when the actual incident happened, due to a festival being on near by. We made a statement at the station and were advised that they would act on it this week.

 

I'm sure you have already researched this,

Possession orders (eviction)

 

@bmc

I have looked at it. I’m not sure if this would come under one of the reasons that immediate notice to vacate can be given? If so, and we apply for a possession order, how long do these usually take to be processed?

 

he doesn't sound like a squatter as he has been paying rent. Cash @ reduced rate ?, Transaction records ?, Declared with ATO ?, and a verbal lease agreement between parties ?

hopefully one of the PM's or Lawyers will offer some advice.

Re: Homelessness | Victoria Legal Aid

Living in a vacant house or building without the owner's permission and without paying any form of rent is called ‘squatting’. Squatting is not against the law, but the police can charge you for being in a building or on land without the owner’s permission (trespassing).

The property owner can evict you and may take civil action against you for compensation. The owner may call the police to have you evicted immediately. In some cases, you may be able to stay on for 24 or 48 hours, to give you time to find somewhere else to stay.

If the property owner wants to evict you and you refuse to go, they can apply to the Supreme Court to get an order forcing you to leave.

Most property owners will evict squatters immediately. However, some squatters are able to reach an agreement with the owner to stay on as a tenant by explaining their financial situation and offering to pay what rent they can afford and/or ensuring that the property is looked after.

If you have occupied a property as a squatter for 15 years you are entitled to have your name entered on the land title, unless the land is owned by the government. This means that legally you own the land. But you need to be able to prove your period of possession.

 

I heard about that law for the first time about 2 years ago and again recently of thoese two cases in syd and melb,

what a ridiculous law

just another rule/law that allows the wrong doer (as in OPs situation as well) not get penalised to the extent of what they should

 

Its not squatting because its a tenant under a tenancy agreement. You can have verbal lease agreements.

 

@TMNT

possessionary rights to land is a left over law from old English common law. (and many countries have their own form)

it can be argued valid in some situations.---- Lost continuity of deeds, oral contracts etc.

 

By the sounds of it you will need to go down the route of a possession order via VCAT. As noted above lease agreements can be written or verbal.

If you have been self managing, you would need to put your address down. If you're concerned I'd suggest seeking legal advice about an AVO or seeing whether an agent can help you in the interim for a fee for service type model (as there won't be rent paid).

Generally it's a longer process than you'd otherwise want, but you can't just change the locks and be done with it I'm afraid.

 

Rooming House Help [VIC]

I know it's a different case but being a friend of a friend he has your number and may know where you live so first thing I do is to buy a voice recorder and record any contact with him secretly and force the police to act.

You need to go down Civil VCAT etc. but also look at criminal prosecution level as well (get some legal advice) or start employing his own tactics but doing it smarter (from the post I don't think you guys are up to it)

Just be mentally prepared for him to destroy your place so make sure all insurances are in place as well

Feel for you guys good luck

 

Why not stick to your side of the bargain in the first place? The lease (verbal) was until June.