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Discussion in 'I Have a Question...' started by xoCherie, Jul 16, 2012.

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  1. xoCherie

    xoCherie Well-Known Member

    Im so at a loss at what to do regarding my current situation. If anyone wants an update, I'm too emotionally drained to re-post what's occurred but I posted in my Member's Diary about my house mates kicking me out because of a bend in the screen door.
    The development is that I've now found out I've got a week to find new housing because there's an inspection next week, and they never informed the landlord of my staying here - in doing so, I have no rights (as far as my understanding) because there was no written agreement to the terms of my stay, nor was there a tenancy agreement filed or put in place; it was purely I needed somewhere to go, and the female housemate offered.
    In the last month or so I've noticed the male housemate, and her boyfriend, being shitty with me when I can't recall having done anything wrong. These past few weeks, he's been making subtle signs and dropping hints that I should make my leave soon, but today used the bent screen door (which I swear wasn't done over the weekend, and they've been home two days now, so they would have noticed sooner if it had been, so I smell a rat there) as an excuse to issue me with their desire of me leaving, and I quote "Fucking hurry up and leave because that shit's not on."
    They're being complete children about this whole thing, and no I can't bring it up with them because when I tried they replied with "I don't care" and that's all the answer I will get from them. They've made it very clear they want me gone, but haven't given me enough notice and I'm in the dark as to what my options are. I'm already in the process of going through Department of Housing (Australian government project) because I can't afford the private housing market prices, what with being a full time student, and need an Affidavit from the housemates stating my rent per week and how long I've been here - but I fear they won't fill it out, nor get it sighted, as I gave them the form last Monday and they claim to have lost it, and when I offered to get a new one, said to "not bother, we'll find it" :/
    Currently I'm doing a broad google search for Australian laws regarding housemates, but I do not know what I'm searching for if there is a law that applies to this situation.

    This is doing my head in and I've spent all afternoon and evening in my room, first crying from frustration then talking to friends to try and relax and now posting this. I just...I don't know what to do. I'm seeing my youth worker tomorrow in regards to the extra documentation the Dept needs (they sent me a letter next week stating what was needed to finish my application) and I sent him a text earlier about the situation, but he doesn't start work until lunch time.
    The morning will be...interesting, to say the least. I'll probably just get ready and go without talking to them, but I can't leave too early or course won't even be open. I guess I could leave before 8am ish but it's still pushing it.
  2. total eclipse

    total eclipse SF Friend Staff Alumni

    Talk to legal aid ok they have to give you more notice Let them also know if they want you out to get the form filled out so you can leave and get a place You are better away from that toxic environment hun Also talk to you school see if councilor there know of a place you can stay hun hugs
  3. xoCherie

    xoCherie Well-Known Member

    I've talked to a few people, one of them my friend who's an attorney in USA and has access to the information I can't find and also knows what to search for, and basically as the agreement was that I pay $120 a fortnight towards living expenses, I was sub leasing; I pay for the days I'm there, basically. As no tenancy agreement was forged, I can file a complaint against them to the Tenancy Tribunal and can point out that they have no valid proof of me denting the screen door (damage to property and/or goods) and all their proof is "it wasn't there when we left Saturday". I can easily take this to the legal courts if I so desire, because as far as I'm aware, they have to give 14 days notice of eviction, which hasn't occurred, and I'm still covered by the Tenancy Act 2008 under Residential Tenancies and Rooming Accommodation even though there's no tenancy agreement in place.
    Also, we aren't even on speaking terms right now. I literally just walked out the door.

    Bleh. I'm trying to shove this aside and focus on my course work, but it's hard when I know that right now, they could easily be dumping my stuff out in the street, including my mice.
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