Unregistered Occupant Eviction
The client, a tenant residing in Western Australia, is seeking advice regarding the potential removal of the landlord's family member from the property, who is not officially registered as a tenant. The client holds formal tenancy status on the lease documents and expresses concern regarding the disruptive behaviour exhibited by this family member. The matter involves issues of tenancy rights, safety concerns, and potential eviction processes.
Questions about this case
Can I have the landlord's family member removed from the property if they are not registered as a tenant?
As a tenant, you may have the right to request the removal of an unauthorised occupant, especially if their presence affects your ability to enjoy the property peacefully. Review your tenancy agreement to see if it addresses unauthorised occupants. It may be helpful to communicate the situation to your landlord, pointing out any breaches of the tenancy terms. Document any disruptive incidents to strengthen your case.
What legal steps can I take to address the disruptive behaviour of the landlord's family member?
To address the disruptive behaviour, you might consider seeking a protective order from the court. This order can help shield you from harassment and is applicable even if the individual does not reside with you. It's also advisable to report the behaviour to local authorities who can offer support or mediation services. If you feel threatened, reporting the matter to the police is essential, along with keeping records of any incidents.
Do I need to provide evidence of the disturbances caused by the landlord's family member to take action?
Yes, collecting evidence of disturbances is vital. Keeping a log with details of incidents and, if possible, obtaining witness accounts can support your claims if you decide to pursue action. This evidence can be useful for local authorities or in court if you seek legal action.
What are my rights as a tenant concerning unauthorised occupants in my property?
As a tenant, you have the right to enjoy your property without disruptions from unauthorised occupants. The rental agreement should dictate who is permitted to reside there. Initial discussions with your landlord could help resolve the situation, but if disturbances continue, involving local authorities might be necessary.
Could involving the police affect my tenancy agreement or relationship with the landlord?
Involving the police is a legitimate action and should not adversely affect your tenancy agreement. However, maintain transparent communication with your landlord about the situation to ensure a positive relationship. Keeping detailed records of incidents is important for your rights.