Can anyone advice me what to do as my tenant is late paying rental and as he is in the last 2 months of lease i think maybe using deposit up instead of paying rental. if he doing this what will i use to pay for any damage done? i fair and will return deposit if all ok. Should i contact small claims pls let me knw
I think there is a special tribunal for landlords and tenants. Since your tenant is still paying, although late, you don't have much of a case as yet.
By the way, it is quite normal for tenants to 'use up' the deposit during the last 2 months. So many of us have been burned by dishonest / greedy landlords: eventually people get wise.
although you may have the right to claim, however, you better wait and see if the tenancy would move out or not eventually. Coz if the tenant not move out, you have to amend your claim and start another action in lands tribunal, it may be a waste of time.
Check your leasing agreement. I think you will find that if the tenant has not paid after seven days you can proceed with legal action. File now as there no need to wait to see if your tenant vacates your property. If the tenant does not vacate you can then file another case for a different set of circumstances.
The law is clearly on you side in this instance so act now and you most certainly will win your case. Let us know how you get on.
just call your tenant & ask why the rent has not been paid. If he says he is using uo the deposit then tell him he will still be liable if any damage, or if the apartment is not left in a clean condition. Try to keep it amicable request a viewing of the apartment. No point in doing the legal thing if it can be handled amicably.
I had a 'friend' many, many years ago who was annoyed at the landlord, so the day they moved out they put a frozen fish in the chimmney (was in Aus). They did the inspection report & got the all clear. Then the landlord spent ages trying to find out where the horrid smell was coming from.