Sadly, when you live under the same roof with others, things are not always easy, and sharing a house is the source of endless stories for roommates in a nightmare, leaving a dirty place wherever they go. Traces, or worse, refuse to pay rent.
So how do you expel people who live with you? Not surprisingly, this is not always a simple process, as the renter and the sub-tenant actually have the same rights as you to continue living in the house. But there are also some options that can help solve this problem.
Make it clear
Of course, the easiest way is to have a frank and civilized discussion among all roommates. You can even solve problems amicably and agree to continue living together, which will eliminate many extra hassles and paperwork. If not, in the ideal world, the problematic roommate will accept this situation is untenable and agree to move out.
The problem is solved. You now need to notify the landlord and ask for a change in the lease, remove the name of your roommate from the lease, and add any new tenants who will fill the room that will be vacant. It is worth remembering that if it is a purely personal difference that makes you entangled with each other, your joint renter is not obliged to go anywhere and has the right to view the agreed lease term. If they can live in a stress-filled home, you can't really do much.
If you can't solve the problem yourself, it is also an option to ask for help through a mediator. The Redfern Law Center in Sydney recommends seeking help at a community justice center to facilitate discussions between the two parties, which may include your roommate agreeing to move out.
If you are the main tenant and your roommate is a sub-tenant, then you are actually their landlord, so if they violate their lease agreement in any way, you should be able to issue an evacuation notice - you can Get it from the consumer groups in your state - cite these reasons. Depending on the reason for the breach (and the state in which you live), the sub-tenant will have some time to evacuate. For example, in Victoria, it ranges from immediate expulsion to 120 days. If your roommate does not follow the notice, you can apply to let the matter be heard in court.
Received a dismissal order
In most states, you can legally apply to your civil and administrative court (ie NCAT or VCAT) to terminate your roommate's lease. The court can make orders, including forcing tenants to abide by their lease agreement and terminating their lease, but you must prove or persuade the court members to guarantee the situation.
If the termination order does not work and all other channels have been exhausted, you can apply to have your national court hear the matter. This will cost you a small fee and you will be asked to attend a hearing where one of the arbitrators will make an enforceable rental decision. If your roommate still refuses to obey, the court can order the county governor to force them to expel them.
