VIC Tenant stalling to move out

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2 October 2017

I am currently sub-leasing the other room in the apartment to a sub-tenant. When the tenancy first began a mutual email agreement was reached over the bond amount, monthly rent amount and notice to leave (one month). The tenancy unfortunately went sour due to the tenant refusing to do their regular duties and generally being a nuisance after countless times being told. Eg not taking out their rubbish, not cleaning up, damaging cookware due to negligence, leaving stove on in the kitchen numerous times presenting a fire hazard to name a few.

The month period to vacate which was agreed upon via email will expire in 2 days and I want to know what I can do. Some important points to note are:
- The sub-tenant is not on the lease
- The owner of the apartment has stated they don't want to get involved with the current situation and to "resolve it internally" until the new lease agreement commences in a months time which was recently signed between myself and the landlord, I intend to put another tenant on the lease once this sub-tenant leaves.
- The sub-tenant's rent is now one week overdue and their power bill as well
- The sub-tenant's bond was initially paid to my bank account. I have told the sub-tenant that if they feel uncomfortable with this I am happy to deposit the bond to the RTBA, they have not responded to this.
- The sub-tenant has asked to stay another 3 weeks at the apartment and suggested that their remaining rent be taken out of the bond which I have declined and politely asked that they pay the remainder of their outstanding rent as this is security for me in case they decide to damage anything.
- Rent is paid in advance one month, sub-tenants rent is now one week overdue. I have had to pay the full rent amount.

Please let me know where I stand. I have secured a new tenant which is waiting for this sub-tenant to leave which I wish to put on the lease.


LawTap Verified
27 May 2014
Start eviction proceedings asap at VCAT after the 2 days are up if they are still there.