Help! How to get rid of a room mate ??

Genie said :

It infuriates me that my partner currently works 70+ hours a week 7 days a week and these lazy buggers wont even clean up after themselves.. to the point where I threw up over the stench and state of the kitchen the other night. (4 days worth of unrinsed plates/pots/roasting dishes & saucepans smell pretty disgusting, esp when you’re extremely nauscious). My partner barely has time to scratch his butt, let alone deal with B1 being a freeloader.

Put a lock on the crockery cupboard. Lock everything away after washing up. Tell him to get his own crockery. Anything left in the sink for more than 4 hours goes outside in a designated spot.

Oh, and name him.
Make sure his mummy reads Riot Act.

This is a fantastic post.

I can’t wait for the next instalment of this soap. Will B1s mother be true to her word and pay outstanding and weekly rent? Or will she have trouble transferring the funds electronically and millions of dollars are accidentally deposited into the Westpacaccount of a Kiwi service station manager who absconds to Macau with his new vivacious blond girlfriend formerly known as the realLara Bingle.

Will poor suffering partner find out how much of his private business has been splashed over the pages of Canberras newest tabloid entertainment mag – the Riot Act – and of the readers’ slagging off his character and manlihood based on a very jaundiced interpretation of his part in the saga?

And what of B2? Will he remain the bit player or will he develop maniacal tendencies and force his roomates to endure his countless failed audition tapes for Big Brother, the Bachelorette Bonython and Survivor Canberra?

And finally.Will ForrestWhittakerand his chums from theBehavioural Analysis Unit piece together the many remnants of Genie’s thoughts, character traits, ambitions and reasonings displayed in many regular posts and dialogues and come up with the fact that she really is Gina Rinehart’s younger daughter looking for a life and a place to stay now that her mother has moved on from the other kids to fry bigger fish?

The name of the soap? What else: I Scream at Genie

My spidey senses tell me this isn’t the end of the story

Genie said :

Turns out B1’s mother HAS been paying him for all the work he’s doing …

What age group are we talking here? Is this ongoing dysfunction just the behaviour of a bunch of spoilt brats? In which case – do spare us!

Genie said :

As soon as the back pay is all paid off – Adios !!!

The only sensible thing to do.

And find out where you stand with throwing away personal effects, because people like him will leave a lot of crap behind. It’s not that they don’t want it, but they are lazy. You will want to be perfectly clear that it will be junked if it doesn’t go with him. If he has anything remotely like a bond (hahaha), reserve a couple of hundred that will be returned when all his gear is out. Otherwise use it to rent the skip.

1337Hax0r said :

Genie ,I don’t want to be rude, but your other half reads like a bit of an arse hole who doesn’t have his priorities in the right place. As for B1, stuff the whole thing. For the cost of fuel money I’d love to come around, shove him in my boot and drive him out to Lake George and dump him on the side of the freeway one night while you guys change the locks.
I had the same sort of problem with a relative once while renting and resolved it finally by moving out when the lease expired. I gave him plenty of notice but come the last day of the lease he was still there. It wasn’t my problem.
Anyway, solve the problem, get onto RSVP.com or some other dating site and get yourself a new second half.
Sorry for the agro. I’m just less patient in my old age than I once was.

I agree with you and I disagree with you – I would love for my partner to make this his priority but without going into too much details the poor boy has way too much on his plate.

Some days I wish we rented the plate so WE could leave, or that my name was on the mortgage papers so I could step in and evict him. I really am sick of my partner telling me “I’m handling it”, he’s clearly not and I would love to do it my way !!!

It infuriates me that my partner currently works 70+ hours a week 7 days a week and these lazy buggers wont even clean up after themselves.. to the point where I threw up over the stench and state of the kitchen the other night. (4 days worth of unrinsed plates/pots/roasting dishes & saucepans smell pretty disgusting, esp when you’re extremely nauscious). My partner barely has time to scratch his butt, let alone deal with B1 being a freeloader.

While I’m to now admit I wasn’t “officially” living there (but yes I’ve been in the picture for years and was living there for a significant length of time, I had moved back home with my mother during a period of her ill health. So no it’s not a matter of “everything was fine until my landlords girlfriend wanted to move in”) I avoid going over as much as possible, I don’t even talk to B1 anymore and just ignore them. I have also since advised my partner if I ever came over again with the house in the state it was – I’m turning around and leaving.

My partner asked for external advice so I mentioned to him of putting a post on here.. Something he was all for.

Ok so mid writing this post my partner called me so I really do have an update…..

B1’s mummy is going to pay their rent directly to my partner. Turns out B1’s mother HAS been paying him for all the work he’s doing and he’s just been too lazy to pass it onto us… and has blown thousands upon thousand of money on god knows what (His parents control the finances in their joint business) so his Mother will now pay rent/bills/backrent etc directly to us before even paying her own son his wage. As soon as the back pay is all paid off – Adios !!!

Huzzah !!!!

Genie ,I don’t want to be rude, but your other half reads like a bit of an arse hole who doesn’t have his priorities in the right place. As for B1, stuff the whole thing. For the cost of fuel money I’d love to come around, shove him in my boot and drive him out to Lake George and dump him on the side of the freeway one night while you guys change the locks.
I had the same sort of problem with a relative once while renting and resolved it finally by moving out when the lease expired. I gave him plenty of notice but come the last day of the lease he was still there. It wasn’t my problem.
Anyway, solve the problem, get onto RSVP.com or some other dating site and get yourself a new second half.
Sorry for the agro. I’m just less patient in my old age than I once was.

Host a full contact “Furries” event at your home, if it does not work then we can all have an interesting read about how it has “changed the dynamics” and “altered the feel somewhat” of your home.

*sigh* sadly no update that makes me happy.

Although B1 was furious the other week that someone ate a teeny tiny biscuit of his and long story short, wanted to go to a system where we only ate and used what we paid for. He was told that he better start sleeping on the front lawn since he doesn’t pay rent.

I have butted out of it (for now) and left it up to my other half to (not) deal with. It’s also my understanding that B1 is currently out of work.

Oh and almost didn’t have to lie about needing the room for a nursery. We probably should of played on that one for awhile.

So – can we get to the final chapter in this sordid old story yet?

What about just telling him that you’re pregnant, and that you need to start to set up a nursery room for baby? I know that if I weren’t married I’d want to move out just to stay away from my wifes hormone induced mood swings.

I’d just move all their crap into the garage and they can sleep in there overnight, or if it’s your bed and mattress remove that from the room.

My bet is B1 is such an idiot, he/she doesn’t even know about the implied roommate agreement. Just give them 2 days to move out before you change the locks. You sound like a softy for letting this go on for two long. I would have given them their warning 2 days after the pay was due.

Golden-Alpine said :

Through reading all this I actually I wondered what your parterns stance was, now it is clear. You really can’t whinge about this if you and your partner aren’t actually willing to do anything. If you don’t like the situation move out, it is as you say your partners problem.

I actually wonder if B1’s side of the story is like this:

I was having a hard time and my mate took me in under his roof, we had a hand shake agreement on living arrangements. Everything was great until his new girlfriend moved in…

My partners stance is that he wants him gone. He just wants his money before he kicks them out..

I have been in the picture the whole time so no… Me living here has nothing to do with it..

As for tradies earning a pretty penny.. I think he kinda does.. But once child support is paid and he buys his booze and smokes he doesn’t leave anything left for us.. But I guess if you’re ‘sick’ every other week and don’t work, there isn’t any money

Grrr – that is my suggestion to my partner.. Get him to sign something that has him agreeing to the debt so we can recoup costs in court. As soon as its signed, kick him out..

Ironically something must have twigged in him coz as I type this he’s unpacking the dishwasher and for some strange reason took the bin out. Considering I took the bin out last night I’m confused.

Grrrr said :

First, perhaps hatch a plot to have B1 sign something agreeing to the amount owed, and a repayment plan – that looks like reconciliation rather than eviction. This will help get your money after you take the next step:

KICK THEM BOTH OUT. Seriously, give both of them notice. If B2 can’t even do a few dishes, he has to go too. Give an ultimatum to your partner to ensure this happens, if required.

You don’t have to put up with this crap. Earlier this year a neighbour of mine needed a couple of ew tenants for his sharehouse. He was considering moving to 1-bedder until he got a huge pile of quality applicants. Get yourself some quality housemates!

Through reading all this I actually I wondered what your parterns stance was, now it is clear. You really can’t whinge about this if you and your partner aren’t actually willing to do anything. If you don’t like the situation move out, it is as you say your partners problem.

I actually wonder if B1’s side of the story is like this:

I was having a hard time and my mate took me in under his roof, we had a hand shake agreement on living arrangements. Everything was great until his new girlfriend moved in…

Genie said :

jessieduck said :

So. It’s public service pay day… any moolah?

They’re not public servant they’re tradies. No way in hell would I have let this go on for so long if they were pubes. They wouldn’t have a leg to stand on if they tried to pull the ‘my boss hasn’t paid me yet’ excuse.

And NO… No moolah. I think he gets paid today. My partner and B1 had ‘discussions’ yesterday but he won’t tell me the details.

I swear this will be te death of me.

Here I was thinking tradies actually did pretty well; new shiny cars, bling, mainstream fashions …

Honestly, leave that soft-serve your with .. simple.

Sell his kidney on the black market to recoup costs. After he wakes in a bathtub of ice he will probably move out.

First, perhaps hatch a plot to have B1 sign something agreeing to the amount owed, and a repayment plan – that looks like reconciliation rather than eviction. This will help get your money after you take the next step:

KICK THEM BOTH OUT. Seriously, give both of them notice. If B2 can’t even do a few dishes, he has to go too. Give an ultimatum to your partner to ensure this happens, if required.

You don’t have to put up with this crap. Earlier this year a neighbour of mine needed a couple of ew tenants for his sharehouse. He was considering moving to 1-bedder until he got a huge pile of quality applicants. Get yourself some quality housemates!

To be honest, I’d be the one moving out.

Clearly your partner’s loyalty lies with two smelly, rent-dodging, food-snaffling nicotine-stained booze-hounds, not you.

He’d rather keep them sweet than his so-called partner?

Bugger that.

I’d be off like a shot.

daddy said :

Tell partner no more ‘special cuddles” until B1 and B2 are gone. See how long till THEY get the hard word

Trust me…. I’m almost there.. !

(B2 is tolerable and now pays his rent. I don’t think I’d care if he stayed)

2.0 said :

Ok so you have come here asking for help on how to get rid of your housemates?
Over 70 comments from people with suggestions.
Yet you haven’t kicked them out yet? I dont think you really want them out.

I don’t own the house my partner does and B1 owes the money to my partner. He has asked for advice on what to do and just doesn’t want to listen.

I can’t tell you how many times I have wanted to change the locks and throw his stuff on the front lawn.. But it seems like my partner is a glutton for punishment. All I keep getting told is he is handling it..

I really do appreciate all the comments and replies on here and will keep you all updated.

Maybe you could rent out your loungeroom on Sunday mornings to heavy metal bands that need a rehearsal space.

bugger that. Rent out their BEDROOMS to the band. Or band/s.

Tell partner no more ‘special cuddles” until B1 and B2 are gone. See how long till THEY get the hard word

2.0 said :

Ok so you have come here asking for help on how to get rid of your housemates?
Over 70 comments from people with suggestions.
Yet you haven’t kicked them out yet? I dont think you really want them out.

And I think B1 and B2 are onto you. There’s no consequences so why should they bother changing?

Ok so you have come here asking for help on how to get rid of your housemates?
Over 70 comments from people with suggestions.
Yet you haven’t kicked them out yet? I dont think you really want them out.

Genie said :

They’re not public servant they’re tradies. No way in hell would I have let this go on for so long if they were pubes. They wouldn’t have a leg to stand on if they tried to pull the ‘my boss hasn’t paid me yet’ excuse.

Call his boss, explain the situation and ask why he hasn’t been paying his employee… suggest that is ruining the boss’ reputation ’round town….

Tradies? Name and shame them.

jessieduck said :

So. It’s public service pay day… any moolah?

They’re not public servant they’re tradies. No way in hell would I have let this go on for so long if they were pubes. They wouldn’t have a leg to stand on if they tried to pull the ‘my boss hasn’t paid me yet’ excuse.

And NO… No moolah. I think he gets paid today. My partner and B1 had ‘discussions’ yesterday but he won’t tell me the details.

I swear this will be te death of me.

Honestly I’d go old school. If there is no written agreement then there should be no formal eviction or notice to remedy. Simply go on a ‘Shock & Awe’ campaign – Declare WAR!!! Stop being a pussy don’t stand for being walked over. Leave B1’s shit on the front yard and change the locks. Leave them pamphlets for samaritan house or havelock house with their shit. I think it’s time you make a stand.

Genie your partner must be a soul life teacher and one whom believes that these boarders will change after he has educated them on morals and values; it may be a long haul for him though, especially if they are young and not made any changes in their behaviour. Another year down the track with the more troublesome boarder one on one with your partner, a completely different story.

So. It’s public service pay day… any moolah?

Invite the Mormons/Seventh Day Adventists/Scientologists/Moonies over on a regular basis and insist that B1 be there.

carnardly said :

ummm… why????

Your other half sounds softer than melted icecream. How many chances has he given B1?

You said in your first post you can’t support 2 bludgers, but yet you continue to enable exactly the same thing to happen.

If they already owe several months bills and rent why oh why are you pussyfooting around yet again.

B1 has you wrapped around his short and curlies – because he CAN…

Good god…

you start to lose sympathy when people don’t do anything to help themselves….

It’s my partners house and the money is owed to him.. He does have every right to try and get the money owed to him.

For the sake of our relationship he can have his 2-3 weeks to get as much money owed as possible and if B1 is still living there come 30 June, well then yes, he will be softer than melted ice cream.

However, for the sake of my mental state (and also our relationship).. He can deal with the freeloaders.. I can’t stand the sight of them and I am sick of demanding money and telling them off to clean up etc. So I don’t plan on being home for the next 3 weeks.

ummm… why????

Your other half sounds softer than melted icecream. How many chances has he given B1? You said in your first post you can’t support 2 bludgers, but yet you continue to enable exactly the same thing to happen. If they already owe several months bills and rent why oh why are you pussyfooting around yet again. B1 has you wrapped around his short and curlies – because he CAN…

Good god… you start to lose sympathy when people don’t do anything to help themselves….

EvanJames said :

Genie said :

Will have to update you Sunday when I’m back in town. The letter will be handed to him in person and not left pinned to his door so he can’t claim he never got it.

You make sure you come back and update us! This is like a soap opera and it’s not fair to get us all addicted and then not show us the finale. Or FinaleS as is likely to be in this case.

Sadly nothing exciting to report. The soap opera will continue for another month 🙁
Much to my disappointment my partner has decided to give it a few weeks to try and get more money from B1 before issuing them with the eviction notice.

Stay tuned for part 2…….

Myles Peterson said :

A friend’s parent died, leaving the house to my friend who also inherited a rather horrible tenant.

The tenant was away overseas when the death occurred, but moved straight back in when he returned. He did not bother to attend the funeral, but asserted that he was the deceased’s “carer,” which he certainly was not. The deceased was an active man prior to his sudden death and had told my friend he was just letting the tenant stay because the man was hard on his luck. There was no written agreement.

The tenant was given some leeway to sort out his arrangements, but showed no intention of leaving and started making noises about going after the estate. So we changed the locks one day when he was out.

The tenant went straight to the police, who returned with him. Much to his surprise, they told him to grab his stuff and get the f*** out. (Was an amusing moment when I got chatting with one of the constables about GTA and he admitted he enjoyed racking up stars and shooting it out with the virtual cops.)

The story hadn’t quite finished … in the confusion, the tenant forgot to take all his legal papers and it turned out he was using two identities to hide assets from his ex-wife, who he had physically abused. We delivered the documents to her and she was able to recover a sizeable amount of money that was legally hers.

Good times.

Nice one 😀

Disinformation said :

Continuous Billy Ray Cyrus or Nikki Webster on the stereo at a reasonable volume should do it. If they happen to be fans, then elevate to the Hamster Dance and Crazy Frog.

+1 for that. Getting “More human than human” by White Zombie to play on the jukebox six times in a row cleared a particular group from a bar for me years ago.

A friend’s parent died, leaving the house to my friend who also inherited a rather horrible tenant.

The tenant was away overseas when the death occurred, but moved straight back in when he returned. He did not bother to attend the funeral, but asserted that he was the deceased’s “carer,” which he certainly was not. The deceased was an active man prior to his sudden death and had told my friend he was just letting the tenant stay because the man was hard on his luck. There was no written agreement.

The tenant was given some leeway to sort out his arrangements, but showed no intention of leaving and started making noises about going after the estate. So we changed the locks one day when he was out.

The tenant went straight to the police, who returned with him. Much to his surprise, they told him to grab his stuff and get the f*** out. (Was an amusing moment when I got chatting with one of the constables about GTA and he admitted he enjoyed racking up stars and shooting it out with the virtual cops.)

The story hadn’t quite finished … in the confusion, the tenant forgot to take all his legal papers and it turned out he was using two identities to hide assets from his ex-wife, who he had physically abused. We delivered the documents to her and she was able to recover a sizeable amount of money that was legally hers.

Good times.

Comic_and_Gamer_Nerd said :

Would be very lol if b1 was a member here.

Apart from allowing him to play CoD with actual people. I don’t think B1 is aware of any other uses for the Internet.

Pretty sure they have gotten to hint from their treatment of late and us refusing to allow them to do anything until rent is paid. Telling his visitors to go home is the best 🙂

Would be very lol if b1 was a member here.

p1 said :

Genie said :

– B1 loves to complain… about EVERYTHING !.

B1 reads RA?

The evidence to support your hypothesis does appear to be rather overwhelming.

Call the police. Change the locks. Give them notice.

Mention your talk with legal representatives or law enforcers, hopefully should get them scared and running.

Or better yet, just walk up to them, hand the legal eviction notice and leave it at that.

Make sure you watch out for your belongings because they could pinch things. Or break valuable items. And just become petty.

But please, stop being a doormat.

Pork Hunt said :

Disinformation said :

Continuous Billy Ray Cyrus or Nikki Webster on the stereo at a reasonable volume should do it. If they happen to be fans, then elevate to the Hamster Dance and Crazy Frog.

That is cruel and unusual punishment.
Have you ever heard of the Geneva Convention?

This is an option…

http://www.slate.com/articles/news_and_politics/explainer/2012/05/sesame_street_as_torture_what_s_the_world_s_most_annoying_music_.html

EvanJames said :

This is like a soap opera

The Young and the Rentless?

if you’re away for the weekend, lets just hope he doesn’t trash your house, knick your stuff and do a runner while you’re away….

MissChief said :

I’d be ringing their real parents to sort them out…. ….Don’t forget to tell B1’s parent’s that you’re about to sue their loser child.

+1 for this.

Genie said :

Haven’t seen B1 since I posted this on Wednesday. They have been home but not when I have been. I think they have gotten the hint finally and is currently avoiding me.

B1 (or an associate) reads RA? Come one, ‘fess up, which of you recognised B1 from his description and tipped him off?

Genie said :

Will have to update you Sunday when I’m back in town. The letter will be handed to him in person and not left pinned to his door so he can’t claim he never got it.

You make sure you come back and update us! This is like a soap opera and it’s not fair to get us all addicted and then not show us the finale. Or FinaleS as is likely to be in this case.

carnardly said :

So did Genie give B1 the letter and list of money owing last night and say GTFO before Monday?

That’s what I want to know.

Haven’t seen B1 since I posted this on Wednesday. They have been home but not when I have been. I think they have gotten the hint finally and is currently avoiding me.

Will have to update you Sunday when I’m back in town. The letter will be handed to him in person and not left pinned to his door so he can’t claim he never got it.

Your tenant seems to think you’ve adopted them. I’d be ringing their real parents to sort them out. If that fails, go the legal route for sure but see if you can put it in someone elses hands. Don’t forget to tell B1’s parent’s that you’re about to sue their loser child.

So did Genie give B1 the letter and list of money owing last night and say GTFO before Monday? That’s what I want to know.

You know, someone once said the definition of madness is doing the same thing over and over and expecting a different outcome. You say you point to the whiteboard during repetitive arguements to point out rent owed v beer drunk. ‘Repetitive’ is the clue here. B1 sounds like an @rsehole who will continue to behave badly as long as you allow it. You say your partner takes care of the situation. Doesn’t sound like it to me.

I’m with quite a few of the comments here. It’s not a matter of the letter of the law. It’s a matter of clear assertive communication and follow up. I’d kiss the back rent goodbye and give B1 a very short timeframe in which to move out, telling him that not paying rent on time is unacceptable – no negotiations entered into. I’d follow that up by packing up his stuff and putting it out, though under cover, as you’re not trying to deliberately damage his stuff. Treat the dude like a 3 year-old, because that’s how he seems to behave. And you guys have to behave like adults. Set limits and stick to them, in a calm but resolute manner. Don’t engage in shouting matches while pointing at the whiteboard. Don’t engage in stupid arguments about what you can afford besides movie tickets. Don’t engage in any of that crap. Repeat that not paying rent of time is unacceptable as necessary. Assertive communication works.

Stop citing the tenancy laws. this is not a landlord/lessor agreement to which tenancy laws apply.

This is someone who lives in a house letting out one of the rooms to a guest. They’re not a business; it’s not a boarding house.

Whether the agreement was written or verbal has nothing to do with tax liability. In any case, it’s doubful whether, once all the mortgage payments/rates etc was taken into account, and compared with the income earned on the room, there would be any taxable “profit” or net income.

OP has taken on someone else’s problems. Answer is to shift the problems (and the responsibility) back where they belong.

I-filed said :

“Gentlemen’s agreement and a handshake”? Serves you right. Pay your tax next time!

Tax man is notified of how much money is ‘earnt’ each year from the boarders.

Aim for the best, cover yourself for the worst.

Best situation is that you sit down and chat to them, possibly with another person present. Summarise the problem, admit that it’s gone on too long but explain that you hoped it would work out by now but it hasn’t so best they leave before there is too much bitterness. Ask them to join with you in working out a timetable that will see them leaving, hopefully all on reasonable terms.

The worst case is that things get nasty, possibly without being aired. Be prepared to ring cops. Have a friend ready to respond and come around quickly if necessary. Change the locks, make sure your insurance is up to date. Make sure you have declared the sub tenant situation to insurer if they require that.

Take up religion. Have prayer meetings in the lounge room and exorcisms in the hallway. Go mad – three-day-long prayer sessions, spray holy water over everything within reach, declare sugar in all its forms to be the work of the Liberal Party …

“Gentlemen’s agreement and a handshake”? Serves you right. Pay your tax next time!

Hi Genie.
This will help you.
http://www.independent.com.au/documents/office_of_fair_trading_renting_book.pdf

The following below is a quote of the relevant information that pertains to your residents. If you have a relative you trust, you can ask them to come rent the room, which means that you can give the tennants 4 weeks notice. It would be handy if that relative just moved into the already furnished rooms and started to use the current tennants belongings like the current tennants appear to be using your stuff. Heck, for a small fee I’d be happy to come around. While I have a perect record of renting, I guess I can be a bit clumsy at times and disorientated. This might result in me dumping B1 and B2s dirty dishes on their beds, accidentally eating all of their food, and mistakingly pouring their grog down the sink. Plus I love house work so I could clean up the shared areas while messing up their rooms. Also, since I have a place of my own, I’ll leave when asked.

Good luck with this, please keep us posted.

Tenancy Agreement if Periodic
The lessor can terminate a periodic tenancy by issuing
a notice to vacate if:
• the owner of the property or an immediate relative of the
owner intends to live in the property—the lessor must give
4 weeks notice;
• a person who is not an immediate relative of the owner,
but has a close family or personal relationship with the
owner intends to live in the property—the lessor must give
4 weeks notice;
• the owner has a genuine intention to sell the property—
the lessor must give 8 weeks notice;
• the owner has a genuine intention to renovate, reconstruct
or make major repairs to the property which cannot
reasonably be carried out with the tenant in residence—
the lessor must give 12 weeks notice.
If the tenant has been given notice to vacate on any of the
above grounds, the tenant can vacate the property within the
last two weeks of the notice period, provided that the tenant
gives the lessor 4 days notice of an intention to vacate.
If the tenant does not vacate the property in accordance with
any notice to vacate, the lessor must approach the Tribunal
for a termination and possession order to have the tenant
formally removed from the property.

Genie said :

Dilandach said :

Genie said :

According to Legal Aid we have what’s called an ‘implied occupants agreement” and because we asked for rent to be paid 1 month in advance. Legally we need to give them 1 months notice in writing to GTFO. (we thought we should try to do it the legal way)

We can’t legally change the locks until after a court issues an eviction. Stupid laws !

I’m just sick of the ‘I’m not leaving, where am I going to go?’

So suggestions on ways to make them want to leave would be awesome….

Padlock the fridge ?? Hide the dunny paper ?? Disconnect the gas ??

I’m just curious on the reasoning the guy has for consuming other people’s stuff but throwing a tanty when its done to him?

He seems to think anything in the fridge / cupboard (which are kept VERY bare of late) belongs to anyone… but heaven forbid a mate comes over and drinks one of his beers or jim beams.. he demands to be paid for it. The standard response is pointing to the white board regarding overdue rent, arguments over the lack of milk he buys and my personal favourite.. get over yourself and f*%k off….

Like I said he complains about EVERYTHING…. ! B2 left their dishes on the sink.. yeah well so did you, are we complaining as much as you…

I’m ashamed to admit this is a male in the 30’s.

He CAN afford to pay rent… it’s not like he’s earning nothing and we would be sending him bankrupt.. he just thinks booze and smokes are more important things to spend his money on and conveniently has nothing left to pay us.

My favourite excuse is the following:

“oh but you just went to the movies… so it’s not like you NEED my rent money if you can afford to do that… “

I’m a tiny girl and this makes me want to smack him out cold…..

With that attitude the answer is simple. Invite your biggest friends to your house after the movies. Ask for the rent. When you get said answer said friends give him a thrashing

Are you thinking what I’m thinking B1, I sure am B2…

But what good is a tomato plant covered in peanut butter?

This is pretty easy. Stand up for yourself and tell them to get out. No rental agreement and no rent paid equals no rights. If they don’t go, they’re no better than a guest who comes to a party, gets drunk, offends everyone and refuses to leave. Treat them the same way, just call the Police.

Dilandach said :

Genie said :

According to Legal Aid we have what’s called an ‘implied occupants agreement” and because we asked for rent to be paid 1 month in advance. Legally we need to give them 1 months notice in writing to GTFO. (we thought we should try to do it the legal way)

We can’t legally change the locks until after a court issues an eviction. Stupid laws !

I’m just sick of the ‘I’m not leaving, where am I going to go?’

So suggestions on ways to make them want to leave would be awesome….

Padlock the fridge ?? Hide the dunny paper ?? Disconnect the gas ??

I’m just curious on the reasoning the guy has for consuming other people’s stuff but throwing a tanty when its done to him?

He seems to think anything in the fridge / cupboard (which are kept VERY bare of late) belongs to anyone… but heaven forbid a mate comes over and drinks one of his beers or jim beams.. he demands to be paid for it. The standard response is pointing to the white board regarding overdue rent, arguments over the lack of milk he buys and my personal favourite.. get over yourself and f*%k off….

Like I said he complains about EVERYTHING…. ! B2 left their dishes on the sink.. yeah well so did you, are we complaining as much as you…

I’m ashamed to admit this is a male in the 30’s.

He CAN afford to pay rent… it’s not like he’s earning nothing and we would be sending him bankrupt.. he just thinks booze and smokes are more important things to spend his money on and conveniently has nothing left to pay us.

My favourite excuse is the following:

“oh but you just went to the movies… so it’s not like you NEED my rent money if you can afford to do that… ”

I’m a tiny girl and this makes me want to smack him out cold…..

Remove the door to their bedroom for ‘repairs’.
Their room smells… I don’t think I want that seeping into the rest of the house…

Remove the powerpoints and lights in his room for ‘repairs’.
Hmmmm see above

Chain and padlock the main fridge and request that they get their own fridge.
VERY TEMPTING… I’ve over the “who took one of my beers” conversations….
Gee sorry mate.. I’ll knock $3 off the several thousand you currently owe…

While your at it, chain and padlock all the kitchen drawers.
This is also tempting… I’ve also considered hiding all the plates etc and buying disposable.. but that’s just more cost to me…

Strip the house of essentials like toilet paper.
DONE !

Write up a list of all his debts and give it to him.
Is clearly visible 24/7 on a white board in the kitchen… and soon to be sticky taped to his bedroom door.

Pork Hunt said :

Disinformation said :

Continuous Billy Ray Cyrus or Nikki Webster on the stereo at a reasonable volume should do it. If they happen to be fans, then elevate to the Hamster Dance and Crazy Frog.

That is cruel and unusual punishment.
Have you ever heard of the Geneva Convention?

Sometimes you have to destroy the town to save it.

Disinformation said :

Continuous Billy Ray Cyrus or Nikki Webster on the stereo at a reasonable volume should do it. If they happen to be fans, then elevate to the Hamster Dance and Crazy Frog.

That is cruel and unusual punishment.
Have you ever heard of the Geneva Convention?

FFS, what is wrong with you people – querying what the legal status of this situation is.

Laws only have effect if there are people with BOTH the motive and the resources to enforce them, and the legal entitlement to some remedy.

The legal position is irrelevant here.

If they lack the financial resources to pay rent or purchase TP, where do people think they will get the resources to enforce what are, by any definition, very shaky contractual rights?

Forget the public service policy answer and think in terms of common sense for once.

Changing the locks is the conceptual starting point.

Anything else you want to do on top of that is subject purely to your own generosity on top of what you have already endured (eg give them one final warning – but this could backfire – and/or box up their things and leave it in a garage or other area that doesn’t allow access to the rest of the house for them to collect. If not collected after a reasonable time, sell/destroy/dispose of).

Continuous Billy Ray Cyrus or Nikki Webster on the stereo at a reasonable volume should do it. If they happen to be fans, then elevate to the Hamster Dance and Crazy Frog.

Depends how bad it really is I suppose. A mate of mine had trouble with his obese housemate eating all my friends food. My friend found another place (not helpful in your situation), and prepped to move out. In the last week, he bought a packet of tim-tams and wrote “Do Not Eat!” on them. He then opened said packet, ate one, then ‘eftpos’ed the rest through his backside before returning them to the fridge. By the time he moved out, the packet was empty.

Make sure you are home when they are packing so they don’t steal your stuff. Also just make living there unpleasant for them to be. Keep asking them to do chores, watch Jersey shore loudly all the time. yell at them when they eat your food or guilt them for eating it or make them replace it immediately. Bang on the bathroom door when they are having a shower telling them to hurry up.completely stop communicating other than when are you moving out? Do you have my money?

HenryBG said :

Next time B1’s out of the house, move all their shit out and change the locks. They’ve had a chance to make it right and they’ve chosen not to.

And tell B2 to F off while you’re at it, warning them if they aren’t gone by the weekend their stuff will be on the front lawn too.

This would be a good weekend to do it, we’re expecting bucketloads of rain Sunday-Monday!

Why don’t you try the bluff, lower the boom on them, say that’s it, out, now, and see if it works. It’s funny how women chucking their partners out can throw all their clothes out the window and garage-sale their stuff without going through all this rigmarole.

In all honesty, B1 was down on their luck so I guess we felt a little sorry but them. But now they are just taking advantage of having a ‘free’ roof over their head. We do get paid a fair chunk roughly every 6 weeks, despite B1 getting harassed daily for money. As its my partners house, he deals with it.

We have already taken steps so they have no access to the Internet or Foxtel anymore, and as much as I would love to give them 24 hours notice to GTFO then change the locks and sell their stuff off. According to ACAT and Legal Aid we are not allowed to do so. 🙁

They will both be given a written letter ASAP given them notice to pay up and vacate. With strict conditions of what property they are allowed to take with them. This is to cover up if they decide to take stuff that doesn’t belong to them.

….
Remove the door to their bedroom for ‘repairs’.
Remove the powerpoints and lights in his room for ‘repairs’.
Chain and padlock the main fridge and request that they get their own fridge.
While your at it, chain and padlock all the kitchen drawers.
Strip the house of essentials like toilet paper.
….

Sounds like a pain in the arse.

Whatever Legal Aid tells you, it’s your house.

Next time B1’s out of the house, move all their shit out and change the locks. They’ve had a chance to make it right and they’ve chosen not to.

And tell B2 to F off while you’re at it, warning them if they aren’t gone by the weekend their stuff will be on the front lawn too.

If they are tenants, you can give them a notice to remedy if they are 1 week (must be given no earlier than 7 + 1 days) behind in their rent, and then a notice to vacate 7 days later if it is unpaid. If they don’t go, you can go to ACAT and eventually get the police to remove them.

If they are borders/occupants, which it sounds, then things become a bit messier. If you didn’t give them a written agreement after 6 weeks (I think) of them living there, this was your first mistake. Although this relaly only lets them argue that they are tenants, not occupants, which doesn’t help someone not paying their rent (they have more “rights” as tenants, but one of those isn’t the right to not pay you rent). Bottom line is if you have no real valid agreement with them then you’re probably entitled to change the locks and put them out on the street.

vg said :

harvyk1 said :

for the actual lawyers out there, would an implied rental agreement even exist if rent has not been paid in months? Sure it could be argued that an agreement was in place if rent was on time every time, but once the rent stopped been paid I would also imagine that any agreement implied or otherwise would be null and void.

No ‘implied’ agreement. No documentary evidence = no agreement. Throw them TFO

Imagine how wonderful the world would be if this were true… unfortunately, it’s not. Oral contracts with implied terms are bog-standard in basically every industry ever (do you get a written agreement with the plumber every time he comes around?). Does this mean they’re a good idea, no, but denying their existence isn’t going to help OP with his problem.

harvyk – pretty sure the situation would be governed by tenancy legislation. Unless the legislation has an automatic term cancelling a rental agreement for failure to pay rent, then no – and it won’t, because that’s a significant imbalance of power in the landlord’s favour which could be really easily abused.

harvyk1 said :

for the actual lawyers out there, would an implied rental agreement even exist if rent has not been paid in months? Sure it could be argued that an agreement was in place if rent was on time every time, but once the rent stopped been paid I would also imagine that any agreement implied or otherwise would be null and void.

No ‘implied’ agreement. No documentary evidence = no agreement. Throw them TFO

My advice to the OP.

Grow a pair.

Tell the boarders they have 24hrs to pay what they owe. Then 24hrs later, whether money paid or not, remove all their property from house and place in neat pile on front lawn.

When they return and see said pile, tell them to f right off, if they choose to make problems you will make bigger ones.

I wouldn’t allow a boarder to have outstanding debts of one week, as opposed to months.

we had s***house boarders. Give them a letter saying this is your 2 Weeks notice. They are boarders and can’t actually do anything about it (unless they signed a tenentcy agreement with you). It may be worth cutting your losses to get them the out. Our boarders were escaping domestic violence but they sucked and over stayed their welcome. . They ate all our food without contributing damaged their rooms, wreaked the floorboards that we just had done, borrowed mum’ws new car after writing off 2. Small claims court for the bill/rent money.

If they don’t have your permission to be there, they’re trespassing. Tell them they have 2 weeks to get out or you will call the police. Otherwise just be a bastard and have the locks changed and have some mates come over and shift all their stuff outside. That will make them move it pretty quickly, else have a garage sale to recoup your losses.

for the actual lawyers out there, would an implied rental agreement even exist if rent has not been paid in months? Sure it could be argued that an agreement was in place if rent was on time every time, but once the rent stopped been paid I would also imagine that any agreement implied or otherwise would be null and void.

Some things in life are unpleasant, like telling someone you ran over their dog or booting someone out of your house for example. You won’t find any magical solutions here, but you will get good advice and that is that you just have to grow a pair and boot that germ out.

I wouldn’t give a rats what’s “legal” either. The small claims court is a joke and this sucker has no rights anyway. Just give the fool 2 weeks (to the day), then have a few or your most burly mates over for a BBQ on that same day to assist in the eviction process if necessary. If not, I’ll do it for $200 and six rolls of 2-ply.

Kick them out – immediately.

Take a day off work, put all their stuff outside with a note on top saying “F*** you, you piece of s***”.

What are they going to do? Go to their lawyer and complain? Yeah, good luck with that.

Jim Jones said :

Genie said :

According to Legal Aid we have what’s called an ‘implied occupants agreement” and because we asked for rent to be paid 1 month in advance. Legally we need to give them 1 months notice in writing to GTFO. (we thought we should try to do it the legal way)

We can’t legally change the locks until after a court issues an eviction. Stupid laws !

… given that you’re in a position of power (what with owning the house and all) you should be able to take control of the situation. Giving them an ultimatum before turfing out their gear and changing the locks would be the way to go. If they have any problems with the legality of the situation, they can contact their lawyers (giggle), at which point you can discuss the money they owe you (and they’ll be gone anyway).

Actually, +1. Sure, you do leave yourself open to getting sued for breach of agreement/wrongful eviction or something, but are they really going to try and take you through the ACAT for some unspecified sum of damages relating to their sudden eviction when you have a crossclaim for, presumably, thousands of dollars of unpaid rent?

You’re not a lawyer either (i assume?) so you don’t need to worry about boring things like professional standards getting in the way of you doing the above.

I would give them a week or two’s notice though… it’s a bit harsh otherwise.

Jim Jones said :

As for ‘I’m not leaving, where am I going to go?’

“That’s not my problem. Perhaps you should have thought of that before you failed to pay rent and contribute to the running of the house”.

A massive +1 on that.

As you do indeed have an implied occupancy agreement, anything like disconnecting the gas could make your problems worse, as a landlord has to provide access to (but not pay for consuption of) some services like sewerage. I’m not sure about gas in particular. See http://www.tenantsact.org.au/FAQRetrieve.aspx?ID=36385&Q=

Access to a fridge, dunny paper, and other things like that are not the landlord’s responsibility, so yeah you can do those things. I think a phone line is a right, but internet access is not, so make sure you lock them out of that if they aren’t already.

If they do damage/steal your stuff in retalliation, take that to the police. Document and photograph everything.

Presumably if you have an implied occupants agreement and have to give notice, etc, you then have some sort of legal entitlement to the rent that is owed as well?

IMO sit them down, tell them either the back-rent is paid this week or they will be given notice to leave. Probably mention their attitude while you are at it. If they really have nowhere else to go, they will likely come up with the money quick smart!

Also check out: http://www.tenantsact.org.au/rentingAdvice/occupancy-factsheets/Occupancy-Agreements
for more info on Occupancy Agreements.

Housemates can be a rat-sh*t nightmare.

If you had a lease you would have to follow the red-tape around giving notice, seeking rent etc .. and from the advice you detail it seems that even without the lease you have to do it.

If it was me, I would change the locks and given them a time-frame where the can come and pick up their stuff; conveniently when I’m hosting my bikie friends for cups of tea 🙂

Reon said :

Jim Jones said :

If your partner owns the house, and there’s no written rental agreement, then they’re trespassing.

Total bollocks. The law is designed to not have people homeless, so an implict agreement is still an agreement.

IMO you should explain the legal process to them (that it’ll take ages, but they’ll have to pay thousands of rent retrospectively) or that they can leave in four days and not pay the old rent

Oooh. That’s good!

Genie said :

According to Legal Aid we have what’s called an ‘implied occupants agreement” and because we asked for rent to be paid 1 month in advance. Legally we need to give them 1 months notice in writing to GTFO. (we thought we should try to do it the legal way)

We can’t legally change the locks until after a court issues an eviction. Stupid laws !

I’m just sick of the ‘I’m not leaving, where am I going to go?’

So suggestions on ways to make them want to leave would be awesome….

Padlock the fridge ?? Hide the dunny paper ?? Disconnect the gas ??

No doubt that’s the strictly legal slant on the situation. But given that you’re in a position of power (what with owning the house and all) you should be able to take control of the situation. Giving them an ultimatum before turfing out their gear and changing the locks would be the way to go. If they have any problems with the legality of the situation, they can contact their lawyers (giggle), at which point you can discuss the money they owe you (and they’ll be gone anyway).

As for ‘I’m not leaving, where am I going to go?’

“That’s not my problem. Perhaps you should have thought of that before you failed to pay rent and contribute to the running of the house”.

Genie said :

According to Legal Aid we have what’s called an ‘implied occupants agreement” and because we asked for rent to be paid 1 month in advance. Legally we need to give them 1 months notice in writing to GTFO. (we thought we should try to do it the legal way)

We can’t legally change the locks until after a court issues an eviction. Stupid laws !

I’m just sick of the ‘I’m not leaving, where am I going to go?’

So suggestions on ways to make them want to leave would be awesome….

Padlock the fridge ?? Hide the dunny paper ?? Disconnect the gas ??

I’m just curious on the reasoning the guy has for consuming other people’s stuff but throwing a tanty when its done to him?

Genie said :

According to Legal Aid we have what’s called an ‘implied occupants agreement” and because we asked for rent to be paid 1 month in advance. Legally we need to give them 1 months notice in writing to GTFO. (we thought we should try to do it the legal way)

We can’t legally change the locks until after a court issues an eviction. Stupid laws !

I’m just sick of the ‘I’m not leaving, where am I going to go?’

So suggestions on ways to make them want to leave would be awesome….

Padlock the fridge ?? Hide the dunny paper ?? Disconnect the gas ??

Just type up a letter right now that gives them 1 month notice and be done with it. The sooner you issue the letter, the sooner the moocher leaves.

Rollersk8r said :

The internet is not going to help you here. It’s very simple – tell them to GTFO.

This.

You need to get rid of them both, I think. Tell them that while it’s been wonderful having them there that you now don’t need boarders and want the house to yourself. Ask them when they can be out by, and hold them to that date.

If this doesn’t work, call the police and have them removed.

Jim Jones said :

If your partner owns the house, and there’s no written rental agreement, then they’re trespassing.

Total bollocks. The law is designed to not have people homeless, so an implict agreement is still an agreement.

IMO you should explain the legal process to them (that it’ll take ages, but they’ll have to pay thousands of rent retrospectively) or that they can leave in four days and not pay the old rent

According to Legal Aid we have what’s called an ‘implied occupants agreement” and because we asked for rent to be paid 1 month in advance. Legally we need to give them 1 months notice in writing to GTFO. (we thought we should try to do it the legal way)

We can’t legally change the locks until after a court issues an eviction. Stupid laws !

I’m just sick of the ‘I’m not leaving, where am I going to go?’

So suggestions on ways to make them want to leave would be awesome….

Padlock the fridge ?? Hide the dunny paper ?? Disconnect the gas ??

Before telling them you are kicking them out, make sure you’ve locked up or removed any valuables or breakable things you care about, where practical.

If they are the tantrum child you describe, theres a fair chance they may take it out on your property. Sure you can then call the cops on them for that, but better to try as best you can to prevent the situation in the first place.

tell him to move back home to mummy

Surely you’d be best just sitting them both down, explaining you want them to leave, and that if they’re not prepared to co-operate you’ll be using the Courts system to get rid of them. Drop some words like ‘costs’ and ‘backpaid rent’. The Tribunal wouldn’t make those orders in a million years, but if your boarder is as much of a dropkick as he sounds, he won’t know that.

There could be all sorts of repercussions if you don’t handle this situation carefully. Does the tax man know that your partner is earning or attempting to earn income from the property. This could have capital gains tax repercussions as well as income tax repercussions. Does the mortgage provider (if applicable) know that your partner is earning income from the property. This could affect the interest rate applicable to the loan. What are the land tax rules here?

I don’t know the answers here but you should probably look into these issues.

It might be worth making every effort to come to an amicable resolution. Yes, the tenants need to go, but don’t get them too far off side or they might go dibber dobbing.

No agreement, no bills in their name, no proof they even live there.

Two whole fresh bodies full of organs should more than cover your costs.

(i kid i kid!)

Kick them out, cut your loses. From the sounds of it, changing the locks wouldn’t be illegal.

Next time, sign an agreement and hold them to it. Many months of not paying says more about your inability to draw the line than their ability to bullshit. Often it is hard because you become friends with housemates, it is just worth remembering that your friendship and your business relationship are two seperate relationships, if they can’t pay the rent, then the business relationship is over. The friendship can continue, just not in your house.

You should read this material about how evictions work in the ACT: http://www.tenantsact.org.au/rentingAdvice/tenancy-factsheets/Eviction-in-the-ACT

It’s not impossible to argue that an implied tenancy/tenancy at will arrangement is a periodic tenancy in the ACT, with the protections those arrangements have.

Personally, I think your best bet might be to have the two of you take full possession of the property and give notice to vacate using that as the grounds.

Give up on getting any money out of them and just tell them to leave.

Sounds like ACAT have hit the nail on the head. Only thing to add is next time get a lease drawn up.

Sorry I don’t have any further advice on this particular issue.

If there is no formal agreement you won’t need to provide them 2 months, 2 weeks, or 2 days notice to boot his/her ass out.

When B1 comes home, sit him/her down and say that you’re sick of their behaviour and that you want them out of the house. Give them until the weekend to pack their things and move out. Have the locks changed when the weekend rolls around.

ask them to leave, with only a gentlemans agreement they have very little rights. If they are not out within 2 weeks advise them that they would be trespassing.

forget about the back rent, that would be like extracting a tooth.

If your partner owns the house, and there’s no written rental agreement, then they’re trespassing. Give them notice and let them know if they’re not out within 2 weeks that you’ll be calling the police.

The rent is obviously lost.

Dunno what you can do, but I feel for you!

The internet is not going to help you here. It’s very simple – tell them to GTFO.