Room mate owes rent and now wants their stuff back.
When my partner and I moved in with this room mate they claimed that the fridge they brought with them belonged to the boyfriend. Much latter when he moved in against the lease we put him on a stat dec to ensure our safety and his. Once they moved out they then claimed it was belonged to his girlfriend (the one on the lease) as the stat Sec dec would have given us the fridge after what they had done. Following that against a personal agreement that if they moved all of their stuff out they could stop paying rent. They didn't so they still owes us a few weeks rent. As they haven't paid any of that we took the fridge they left as recompense for unpaid rent.
Hi there. From the information you provided, the exact nature of your legal issue is not clear. This means we are unable to specifically address your concern. However, below is some general legal information that may be relevant to your situation.
Disputes between tenants of a rental property can be problematic. While disputes between landlords and tenants are heavily regulated, there are very few laws that specifically deal with disputes between tenants. As general advice, it is recommended that you keep communicating with your co-tenants at all times (especially if there are disagreements) and keep a written record of all important conversations and events.
You said that a co-tenant signed a statutory declaration. This is a written statement made by a person about something they declare to be true. A statutory declaration must be in a special form and signed in front of a qualified witness. If a person has made a false declaration, they may be charged with an offence or liable for perjury. However, these penalties are ordinarily only enforced against declarants by courts or government agencies, not private individuals.
You also referred to a personal agreement with a co-tenant. An agreement or contract can be made between two or more people about a specific transaction or arrangement. It can be oral or written. For an agreement to be legally binding it must meet certain legal requirements. One requirement is that the parties intended to create a legal contract, such that they may sue (or be sued) if someone does not hold up their end of the bargain. Whether the parties intended to create a legal contract will depend on the circumstances in which the agreement was made. This can be difficult to prove. Moreover, even if the contract was legally binding, it can be difficult to enforce between private individuals if it was not put in writing.
Suggested way forward
More information about renting and tenancy disputes is available from Queensland Statewide Tenant Advice and Referral Service (www.qstars.org.au). They offer a tenancy dispute service that may be of assistance. If they are unable to help you, you may want to consider speaking to a lawyer who can fully assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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