laws regarding furniture that a tenant or ex left to pick up later

[jasonp3]

My friend had a female friend who accidently got pregnant. He tried to do the best for her by letting her move in and trying to support her. she is not on the lease, only he is on the lease it is his flat.

she is iresponsible financially and he is trying to get her to leave and we hope she finally left today but she said she will have to organise at a later point re her furniture
my question is can he put her furnitue in storage and pay the first month and then leave it up to her or will his name be on some storage lease and he will be responsible to continue paying storage.

to fill in the background he found out she had $35000 debt and was expecting him to support 3 people ( himself her and the baby)plus her 35000 debt repayments. He said he couldnt do it and she doesnt seem to leave, she keeps trying to manipulate her to tell her to stay. She has hopefully left, but left her furniture behind.
Is he allowed to put her furniture in storage or write a letter with an ultimatum of the date it must be collected by. What is he allowed to do to have a complete fresh start with no contact and none of her manipulation. Its been a few months now where she keeps saying she will go then keeps manipulating him to keep trying to stay. we hope she has gone today though she tried many manipulation techniques ( oh i feel like killing myself, oh you just listen to advice from others, etc etc)

He feels terrible but he cant support her huge irresponsible debt. Its not like they have been together for many years and is having a bad year. she has a history of making huge debt and not paying the debt down. We have seen enough situations of people who have suffered from being married to people who were financially irresponsible.

Shes come in totally expecting him to support everyThing which is a very high risk situation. He has seen too much in his life both with his own past girlfriends and with another relative to know that there are manipulators and con artists who leave you financially emotionally and physically bankrupt for life, expect you to support them and work hard while they dont, and then if it ends they move on to manipulate the next person. its not a situation his income or health can support, and its not a healthy situation for anyone to take on someone who is financially irresponsible and clocks up debt without feeling any stress about it, and expects others to support them.

He will support the child but he cannot take on this irresponsible debt making woman. He tried to but it was just too much to be expected to support her and her 35000 of irresponsible debt with her contributing nothing ever for any expense.

we are hoping she has left, but she keeps manipulating her to get her to stay and she never actually leaves.

But my question is about legally what can he do re her furniture pls as i remember hearing that there are very strict laws even when tenants leave furniture that it cant be moved or put in storage. Does anyone know pls.

 

[Peter Parker]

But legally what can he do re her furniture pls as i remember hearing that there are very strict laws even when tenants leave furniture that it cant be moved or put in storage. Does anyone know pls.

Here in Victoria you can't move it until it's been deemed of no value by Consumer Affairs.

You (or your manager) reports it, they visit the premises then if it's certified then you can dispose of it as you see fit.

Happened to me a few months ago. Only took a couple of days for them to visit.

 

[wylie]

I'm confused as to whether the baby is your friend's baby or she got pregnant to someone else?

If the former, then he has a commitment to look after her and the baby in some manner, financially at least.

If she is pregnant to someone else and has simply moved out of your friend's house, then can he call her parents and have them pick up her furniture.

It is not clear whether she was simply living there as a friend or paying rent with bond etc.

Can you be a bit more clear about the position as there is a big difference in what can be done with her "stuff" depending on this information.

 

[Terry_w]

There is legislation covering abandoned goods. Do a search and u may find it. State act.

 

[hobo-jo]

Is she on the lease? It reads as if he took her in as a friend rather than in an official capacity? He might not have any obligations in regards to her belongings.

 

[jasonp3]

he is paying the lease
he is on the lease she is not on the lease so does that mean he has no obligations in regards to her belongings according to hobo - jo. Interesting.

Her family live 5 hours away in another state they are not going to collect her stuff. He might even pay to have it taken there just to finish with it all i'm unsure.

can he put it in storage and pay the first month and then leave it up to her or will his name be on some storage lease and he will be responsible to continue paying storage.



wylie

Only he is on the lease

It was his flat

It is his baby but it was not planned they were not girlfriend and boyfriend just friends

He tried to do the right thing and have her move into her small flat

Then he finds out she is 35 years old and has $35000 in irresponsible debt with no intention to contribute at all, work at all

He was prepared to pay all expenses, rent food baby,
but not her debt
but with her not getting any income at all then he would also have to pay for 3 people plus her debt

He is not able to or prepared to do that.
He will care for the baby but he does not have to care for her and her debt Wylie. Have you ever had any con artists or irresponsible people around you that you could say that he has to care for her and her baby which means her debt. He did too much for 3 months and its been killing him. Its a crazy situation t hat will drag him down and destroy him.

He will contribute for the baby but he cannot carry her and all her expenses and all her 35000 debt. He cannot support 3 people and her debt with her contributing nothing and her not caring or feeling any stress financially.

 

[Nemo30]

She is pregnant, not a con artist.

Your friend is an arsehat.

 

[hobo-jo]

People who live in share houses, or rent a room in premises that have room for less than four residents are not covered under these Acts. As a lodger in this situation you must rely on existing common laws to protect your rights and the terms of any written agreement.

http://www.tuq.org.au/pdfs/res_brochure.pdf

Doubt there is any legal obligation here given the clarification it's in his name.

Good luck to him, sounds like a crappy situation.

 

[weg]

This would be like any defacto partnership in the eyes of the law - there is no CA lease contract tying them to any tenancy laws.

Must the furniture be out by yesterday?

Tell him to him to hold on to it, and when she wants it, she can take it (she can hardly take him to court over it because he doesn't want to keep it).

In the mean time he can use it like it belongs to him.

What's done is done, but tell you friend to use condoms next time, or it will be even more children and more furniture problems in the future.

 

[Dazz]

It is his baby but it was not planned they were not girlfriend and boyfriend just friends

....but perhaps a little bit more than 'holding hands' type of friends...

I think the Yanks call that situation "friends with benefits".


I'd hazard a guess the furniture issue is an anthill. The 35K debt is also a small lump.

Your friend should be more concerned about the amount he'll need to fork out every week over the next 18 years.

 

[jasonp3]

Thank you for all the information.

He has no stress or reluctance to support a child. He is very caring and generous. too much so. He has had previous girlfriends who have tried to use and abuse him while they contribute nothing. He can be too loving and giving to his own detriment so i'm glad he is learning his lessons and not doing that this time.

He tried to do the best for her also very generously but she needs more and more and more $35000 more regular $1000 in debt repayments regularly more. He cant do this
yes condoms he has learnt his lesson, so he says.
He is not an arsehat, he is extremely hardworking, loving, caring and generous but not a total idiot giving away all his life and health for someone irresponsible would be like suicide.

The point is he has seen too many people used and abused by freeloaders, irresponsible people or manipulative mooching con artists to naively take on this situation and the stress of it which already is taking such a toll just for a few months.

We dont know where on the continuim of being irresponsible or con artist she rates. She is 35 and may have tried to freeload off many guys over the years while she feels no financial stress or responsibility and doesnt pay off her 35000 debt nor contribute. someone who is a freeloader and who is not feeling any stress from huge debts and just expects someone else to pay all her costs and her debt, while she pays nothing is not someone to be connected to and could be a con artist. We dont need to wait a decade to see patterns and see how much she is or is not irresponsible or a con artist. She has so many manipulative ways to try to keep him caring for her and her huge debt, when he has tried repetitively in the last 3 months to get her to leave.

I'm not sure that that is considered defacto. Is it? it was a friend, not a girlfriend, not living together, when she became pregnant he tried to let her move in and care for her and make it work but it was never a good relationship and with so much financial stress it just cant work.

He doesnt have to get rid of the furniture today. he is just considering options. Keep it till she comes, or what else is he allowed to do if he wanted to . He got rid of his couch when she moved in so yes meanwhile he is using it. Its not a big deal to buy a second hand couch when she takes her stuff.

 

[wylie]

wylie

Only he is on the lease

It was his flat

It is his baby but it was not planned they were not girlfriend and boyfriend just friends

He tried to do the right thing and have her move into her small flat

Then he finds out she is 35 years old and has $35000 in irresponsible debt with no intention to contribute at all, work at all

He was prepared to pay all expenses, rent food baby,
but not her debt
but with her not getting any income at all then he would also have to pay for 3 people plus her debt

He is not able to or prepared to do that.
He will care for the baby but he does not have to care for her and her debt Wylie. Have you ever had any con artists or irresponsible people around you that you could say that he has to care for her and her baby which means her debt. He did too much for 3 months and its been killing him. Its a crazy situation t hat will drag him down and destroy him.

He will contribute for the baby but he cannot carry her and all her expenses and all her 35000 debt. He cannot support 3 people and her debt with her contributing nothing and her not caring or feeling any stress financially.

I never said he had to pay for her debt. But it is his baby, and he has responsibilities to the child as a very minimum. I never said he had to take on her debt.

What a sad situation for the child of this "friendship". She may be a con artist who has just used him to get pregnant, but that doesn't change the fact that he is now a father and that comes with responsibilities that she can enforce via the law, whether he likes it or not.

The furniture is the least of his worries. I feel sorry for him and the baby.

 

[Terry_w]

defacto relationship. he will have to support under family law act.

her debt is not transferrable to him. she could possibly just declare herself bankrupt and it not affet him.

 

[Shaneelastic]

Good up bringing for HIS child

 

[weg]

He was prepared to pay all expenses, rent food baby,
but not her debt
but with her not getting any income at all then he would also have to pay for 3 people plus her debt

In response to your Q asking if it is a defacto arrangement, your above comment makes it appear that it probably is.

If she was a 'friend' she would be recieving $1050 pf (not including rent assisstance and extras in this) from Centerlink - what my tenant with 1 child gets.

As she is getting no income then he must be earning a decent income and both be viewed as a couple in a combined income situation.

 

[jasonp3]

the points being raised are all very true and valid

she went to centrelink
she insisted on putting him as a partner on the form
she did not allow him to go to the centrelink meeting
i had a very big shocka nd bad feeling when i heard suddenly she was putting him as a partner when in fact that was not the case
she was a friend an on and off friend
never a girlfriend
who got pregnant so he tried to attempt to do the right thing and allowed her to move in with him but it was never working.

he soon after wanted to cancel the partnership details that she has coerced him to sign when she was rushing off to centrelink. i dont know if he did though. its been hard getting her to leave she keeps manipulating him to let her stay.

so yes you are right. he just got a new job with a wage of perhaps 28 or 30 an hour which isnt huge but enough that they just found out that centrelink wont give her an allowance.


if she could cover her debt he might have continued to care for her. but if she cant even cover her debt he cant take on so much care of all the costs of 3 people plus her huge debt repayments, plus the warning that it all doesnt seem to bother her that she is in debt and that he is stressed trying to carry so much, plus digging a bigger grave as that apartment would be too small and too stressful so alot of stress from both cramped space and financial stress.

i doubt centrelink would see her as a friend if they have some sort of on and off sex involved.

 

[geoffw]

defacto relationship. he will have to support under family law act.

Wouldn't she be paid by the Child Support Agency?

They take a percentage of his wage until the child turns 18. That's paid to her. It's a fair chunk of money, but it is an uninvolved agency handling the money. No demands to repay her debts.

 

[jasonp3]

The baby isnt born yet but yes he has never had any reservations about supporting the baby.

The problem now though is about that if she could have had centrelink or some earnings and at least paid her debts then he would have supported her or tried to .

it was really too hard in his small apartment and then with also being expected to carry her costs for everything, and use of his car, petrol, and paying her debt that crosses the line of being just way too much for him to carry.

Her attitude of not caring about her debts or about financial pressure is also a pretty bad warning sign as well as her inability to communicate and work out a budget or feel any seriousness about the huge debt and the burden on him.

She thinks she can start a new business but 90% of new businesses go bust and leave more debts, and meanwhile a wage needs to be coming in . if a new business would succeed then when it does it can replace a wage, but there needs to be income now.Bills are not paid by hopes and dreams and maybes.

 

[Terry_w]

Wouldn't she be paid by the Child Support Agency?

They take a percentage of his wage until the child turns 18. That's paid to her. It's a fair chunk of money, but it is an uninvolved agency handling the money. No demands to repay her debts.

yes. i think that is what happens. csa will chase him.

 

[Ausprop]

your friend sounds irresponsible and selfish, if he is such a financial guru he should have seen the huge financial returns that condoms provide. this friend is now the mother to be of his child (subject to paternity tests). His financial commitments will now dwarf a measly $35k debt. He really needs to get a dose of reality and accept his new position in life - he will soon be 1 of 2 of the most important people in the world to this child. Normally I would suggest chucking the furniture in a skip and telling this woman to go jump, but we are not talkign about some third party here.

wow, seriously.