evicted from rented accommodation

[rupert7]

I am renting a house since July and my landlord has decided to sell his house but instead of following the correct process he decided to overreact to the house being a little messy and falsely claim there is furniture missing etc. to justify an eviction.

He gave me 24 hours notice to leave. Threatened to illegally evict me. Then gave me an eviction notice for 28 days (been there 6 months) He told me there is no way I will get my deposit back.

I have payed rent every month to date but have not paid this month. There is a clause in my lease for late payment on a daily basis for late rent. I was not going to pay last months rent and was wondering if he could claim for late payments given the way he has handled the situation?

 

[amethyst]

BTW, this is not called an 'eviction'. Eviction is when you are forced to leave by a court procedure. You are being given notice to quit. If you don't leave, an eviction can happen. I'm not just being pedantic---making the mistake of saying 'I was evicted' can needlessly create a negative impression.

If the landlord is genuinely intending to sell the property he can give you notice to quit and you have to leave. If you started in July you are there less than six months when given notice to quit and a period of 28 days applies.

How did he find out that the house is 'messy'? Is that messy inside or outside or both?

Is he lying that furniture is missing?

 

[facetious]

(been there 6 months)

If you have been in the house for more than six months, before any Notice of Termination can be valid, the landlord must first serve you with a warning notice that you are in breach of the lease conditions. If that breach has not been remedied within a certain time, then the landlord may proceed with a Notice of Termination. The NoT must state the reason for the termination. If the NoT is invalid, advise the LL accordingly and that you will immediately start a claim with the PRTB, should he persist.

Like amethyst, it would be interesting to know how the LL knew that the house was messy and that furniture was "missing" as that may also have a bearing on the matter.

As regards your last paragraph (which I don't seem to be able to either quote or paste in, nor go back and look at, with the new format) the LL may well be able to claim those charges from you as they are in the agreement which you signed. However, if he does not return you deposit and retains it (either in part or whole) then, with a claim with the PRTB, you may well expect damages in the form of financial compensation from the LL which the PRTB would award you. However, if you have breached the terms of the lease (and the RTA 2004, a tenant's first obligation is to pay the rent in full and on time) by with-holding the deposit then your award will be significantly reduced or not awarded at all.