Tenant refusing to move out unless deposit is returned in full?

[Tim Jameson]

Hi everyone, I’m hoping to get some advice about my situation. I apologize in advance for the length of this post. I have an elderly tenant with health problems whom I gave a rent increase letter to a couple months ago. He has been paying very below market rent for a few years now. And even after the increase, his rent is still a good $350 below market.

I gave him the letter in person as I wanted to explain that my costs have gone up and I can’t afford to keep his rent so low. He said he understood and told me not to worry he’d be out before the rent goes up (December 5th).

Fast forward to a month after that encounter, I was worried because he hadn’t given me a notice to vacate yet. So I gave him a 30 day notice to vacate. He flipped out and cried hysterically. He said “Why are you asking me to leave??!! I pay my rent!! I don’t want to leave, I like it here,and I have nowhere to go and no money to afford to move or get a new place!!” I was shocked because he is the one who calmly told me he will be moving out as he can’t afford the new rent price. Now it’s like that conversation never happened.

I reminded him of what he said and also told him that he is welcome to stay if he pays the new rent price. He insists he can’t afford to so I gently told him he has to be out by December 5th, then. He sobbed and said “no I can’t I have nowhere to go and no money.” He also said I’m putting him out on the street and worsening his health. He even said he’s reporting me to his doctor for stressing him out! I tried to calm him down and asked about his adult children who live nearby, maybe he could stay with them. He says that’s not an option because they have no extra space and their own financial problems.

Finally he calmed down enough to request his security deposit back in full in exchange for him vacating the house. I told him no, the security deposit is for any damages or cleaning we have to do after you move out. You don’t automatically get it back upon move out. I explained the procedure and said if there’s nothing to deduct, the deposit will be returned within 15 days after move out, otherwise it will be returned within 30 days (I’m sure you all know this). He got hysterical again and said “NO! NO! I need the deposit to help me move someplace else. I can’t move without the deposit!!”

I gave in and said fine, I’ll return your deposit back in full after we do a walkthrough of the house. He got upset again and said “No, walkthrough. Just give me the money and I’ll give you the keys.” That made me uncomfortable but I felt I had no choice but to agree. He flipped like a switch and mellowed out so fast. “Ok thank you! Thank you!” He got what he wanted. But I’m not ok with this. That security deposit is for any cleanup and damages that he leaves behind. Not for him to use to move out. Him refusing to vacate the house unless I give him his entire security deposit the day he leaves is ridiculous. I could have told him that if he refuses to vacate, I will go for an eviction. But I gave in because I remembered what my friend once told me about how you do not want to end up in court with a tenant who is elderly, has health problems, very little money, and nowhere to go. A sympathetic judge might make things worse. 

What do you all think I should do? Give him his entire security deposit and just eat the loss of whatever damages and filth he leaves behind? Or tell him if he’s not out by the 5th, I will file an eviction. Is it hard to evict someone like him?

Thank you so much for reading through all of this!!