Landlord faces eviction after unemployed eldest son moves into home amid rental crisis

As Australia faces an unprecedented hiring crisis, a shocking situation has emerged for one employer: facing eviction after their eldest son, who lost his job, returned home.

The personal tragedy highlights a broader issue in the current housing climate, where the lines between casual guest and permanent resident are blurring, leading to both legal headaches and financial disputes, especially in shared living arrangements.

The stressful situation was revealed in Yahoo News’ weekly legal column Q&A, where a concerned tenant shared his predicament.

“My older son lost his job and needed a roof over his head, so he moved in with me again for a while. Now the landlord says I broke the lease by having an unauthorized person. Surely helping your child doesn’t mean eviction? Or does it? It’s too scary to be honest,” the tenant wrote.

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Legal experts Alison and Jillian Barrett from Maurice Blackburn acknowledged the nature of receiving an infringement notice, but clarified that whether it is an infringement, and if eviction is a real threat, depends on certain legal and practical considerations.

Visitor or resident: What is the law?

Across most Australian states, tenants are generally allowed to have visitors for a “reasonable amount of time” without needing the landlord’s permission, experts argue.

Complexity arises when a visitor transitions to an “extra resident” or “citizen.” Lease agreements often specify tenants by name or impose a maximum number of people allowed to occupy the property.

Legal experts advise that long-term additions often require the landlord’s written consent.

Alison and Jillian Barrett are Senior Solicitors at Australia’s leading litigation firm, Maurice Blackburn.

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Unfortunately, in most states, this consent “shall not be unreasonably denied.”

These legal differences not only affect parents and their grown children; it also plays in the increasingly common share house.

As rents rise and more Australians share homes into their thirties, informal cohabitation rules are under pressure.

What starts out as a straightforward 50/50 rental agreement can quickly blur when partners enter the picture, especially when overnight stays start to feel strange and permanent.

The shared house problem: When a partner becomes a problem

Consider the situation faced by a 36-year-old man who took to social media to ask what he was doing by asking his neighbor’s boyfriend to contribute to the household expenses. He lives with a 30-year-old female roommate, and they share the rent and utilities equally. However, for the past few months, her boyfriend has been staying at the apartment five to six nights a week.

The boyfriend showers, cooks and washes at the place, and starts spending his days there.

“It sounds like we have a third person living here for about a week,” the woman wrote on Reddit.

The issue of who and what constitutes a paying tenant is widespread.

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He mentioned that the electricity and water bills have increased since the boyfriend started spending most of the week in the apartment.

What was once an occasional overnight visit has now resembled something close to illegal boarding, raising questions about the fairness, boundaries, and unwritten rules of elder share life.

“I talked about it calmly and asked if we could sleep a few nights a week or if we could help him because he was here a lot,” he explained.

“I suggested a simple division such as making the services closer to one-third each if he is here for more than half a week.”

However, his roommate did not see it that way.

He accused her of “counting the nights” and being controlling, saying she pays her share of the rent and has the right to have guests whenever she wants.

Distinguishing ‘visitor’ from ‘resident’

Advocates have outlined several factors that courts should consider when determining whether a child, or any regular guest, is considered a guest or additional person.

This includes the length and pattern of the stay, asking if the stay is short and temporary, or open.

A matter of weeks will probably be considered a tourist situation compared to months. Another key factor is family reunification, such as where the son has moved most of his possessions, receives mail at the address, and takes the property as his primary home.

Legal experts advise tenants to review their lease for clauses regarding additional occupants or higher occupancy limits.

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The terms and numbers of the lease are also important, especially if the existing lease imposes a rate on the occupants.

Ultimately, cash flow is a consideration; Subletting is different than a live-in family member, and if the son does not pay rent directly as a tenant, it strengthens the argument that he is a guest.

However, his contribution to other household expenses is also duly considered.

“If the stay is short and clearly temporary, it is more likely to be a tourist situation,” experts say.

“If it is not permanent or extended, you must seek written permission to add him as a resident.”

When can a landlord refuse permission?

Although landlords may require permission for additional tenants, this permission cannot be unreasonably withheld.

The reasonableness of the refusal depends entirely on the circumstances.

Reasonable refusals may occur where an additional resident would cause local authority or zoning occupancy limits to be exceeded, or where the property is too small for the additional population, resulting in an overcrowding problem, or where increased wear and tear disproportionate to the size of the building will occur.

Conversely, examples of potentially unreasonable refusals include refusing simply because the landlord “just doesn’t like the idea” of another person living there, refusing without seriously considering the request, or refusing when the property is clearly suitable for an additional person, such as a spare bedroom.

Quick steps for employers

For employers facing a similar situation, legal experts offer clear advice.

First, quickly review your lease for clauses regarding additional occupants or higher occupancy limits.

Second, write your position to your landlord.

Third, if you receive notice of a breach, it’s important to respond quickly.

Finally, if you wish to challenge an infringement notice, you can apply to the civil and administrative tribunal in your state, such as NCAT in NSW, QCAT in Queensland, or VCAT in Victoria.

Release: Process

Regarding the tenant’s fear of eviction, the lawyers confirm that “the landlord usually cannot just evict you.”

They must adhere to the specific process of the state in which you live, which usually involves issuing a valid notice of violation or termination, allowing the tenant time to correct the concern, and if the matter remains unresolved, apply to state and administrative court.

At a hearing, whether for an eviction or to challenge a notice of violation, the court will consider various factors.

This includes the understanding, evidence of the lessor (emails, dates, details of the son’s arrangements), the terms of the lease, and whether any real damage has been caused (eg, noise or congestion).

“Finally, you have to act quickly,” experts advise.

“If your landlord is unreasonable, seek advice from your local authority and be prepared to defend your position in court.”