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If there is no tenancy agreement therefore, then there is no authority for the landlord to make any deductions from the tenancy deposit no matter how dreadful the condition of the property when the tenant moves out. If he tries to make any deductions, any challenge made by the tenant will succeed at adjudication.
First, you need to send them a Form 11 breach notice, and with arrears, you can't send them a breach notice until they are 8 days in arrears. Yes, 8. On day 8, send them a Form 11 Notice to Remedy Breach. They then have 7 days to get their rent paid up to date.
How do I deliver the notice? According to the Illinois FED, you may either serve the tenant the notice in person or to a resident above the age of 13, or by mail with a return receipt signed by the tenant. It is crucial that you deliver the notice properly or it could be used by the defense in court.
If tenants are refusing to vacate, you must apply to the NSW Civil and Administrative Tribunal for a possession order within 30 days of the 'date to vacate' specified in your termination notice. The Tribunal will then make a decision, based on the evidence you and the tenant present at the hearing.
Tenants without a lease can be evicted if the landlord gives them 60 days' notice that the landlord or their family requires the premises.