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TOPIC: Deposits & Evictions Issues

Deposits & Evictions Issues 1 year, 7 months ago #18615

Hi,

I\\'ve had a look around and found some advice that is relevant (very good advice, btw, this looks like a very useful forum) to my situation, but I think I need to find out a bit more. From the looks of it, it\\'s not easy to evict a tenant, and trying to do so will take many many months and lawyer\\'s fees, so I think I\\'m caught in a trap.

My tenant\\'s agreement is expiring in January. He gave 2 month\\'s notice last week, which means he will leave in December. He requested to contra the remaining 2 months\\' rent with the deposit and keep the remaining. I refused repeatedly, but he got very angry and kept saying, \\\"I\\'ve been your tenant for 3 years, you know me, I\\'m probably the best tenant you\\'ve ever had\\\". I kept refusing, and he said, \\\"Fine, I\\'m not going to pay the rent anyway\\\".

The thing is, according to the agreement, I am entitled to forfeit the deposit if he terminates the agreement early, even if he has given 2 months\\' notice. I pointed this out to him, he said, \\\"I don\\'t care about the agreement, we have had many gentlemen\\'s agreements before outside of it\\\". This guy is ridiculous. The rudest person I\\'ve ever met to claim he\\'s a gentleman.

I think I\\'m caught in a trap and he knows it. From what I\\'ve found on the forum, if I want to evict him, I have to wait the 2 months until the deposit is gone, then file a report, then get a court order. What I need to know is,

  • If I am entitled to forfeit the deposit, do I still have to wait the 2 months?

  • Is there anything that I can do that doesn\\'t have to go through the process to scare the guy into paying up? He\\'s ridiculous, and the way he treated me that day was really rude so I want to do something if I can.


  • I hope someone can help.
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