Evict me or give me my deposit back

[Luke H.]

Hello all,

A tenant recently lost his job and the other person that provided income went away. After he missed rent he mentioned he just got a new job and would pay, after a week, he stopped answering my calls so I went to the property.  He was there and said I should evict him, he wasn't leaving, and he knows the laws and if I want him to leave I should give him is deposit back. He says, that over the last 10 years, he replaced ceiling fans, and doors (all UN-authorized and news to me) so that should be considered rent money. He is also now stating that there is issues with plumbing, and leaking roof (all new to me).  He was always doing UN-authorized repairs and then asking me to at least pay for materials.

I put the 3 day notice and filed for eviction today. 

Advice for the court date?

[Randy E.]

Not knowing exactly how bad (or good) of a tenant he was, I'll review what you said.

10-year tenancy.  Apparently never complained much about minor things (I assume, because you say he told you after the fact that he fixed some small things.)  Always paid rent on time, (if he didn't, I assume you would have mentioned it.)  Had a bit of bad luck after renting the place for 10 years, lost his job, lost his roommate/s.o., and became late on his most recent rent.

Personally, if the house was in pretty decent shape at move-out (accounting for normal wear-and-tear over the past TEN years,) I would be okay with returning his deposit.  Especially if it meant I didn't have to wait and pay to evict him.

I know it might irritate you with how this is ending and his last stand/demand, but you might be causing extra irritation to yourself by forcing an eviction.  Unless there is more to the story, I'd skip the pissing contest and go with the easier out.