Q: Tenant gave notice to move but has not payed the last months rent do we evict, take to small claims court, keep security
The tenant feels he should not have to pay the last months rent as he wants to move out on October 18th in the middle of the month and just pay partial rent. We said he needs to pay for the whole month so he just hasn't paid anything. The lease was originally a year to year lease but rolled over to a month to month lease starting with the first of the month. He has also refused to fill the oil tank which is in the lease that it needs to be filled on exiting the premises. We do have his security deposit but the lease states that we won't use this as the last months rent. Do we evict him? Can we then take him to small claims court for the October rent? Can we hold the security deposit until he pays rent? What rights do we have? Since he hasn't paid rent can we still go in and show the house. He says we cannot.
Evidently he has not yet moved out, so it is unclear what you mean when you ask if you can hold the security deposit. Of course you can, until he has moved out.
When he does move out, you apply the deposit to any damages, to rent he owes, and to fill the fuel tank. He gets whatever is left over. If he stills owes you something, you sue him.
Normally yes, you can show the house if he has given notice. What does the lease say about this?
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