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John Melis, Expert
Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.
Concerning your important matter, you have noted that these two tenants names on the lease one of the tenants has moved out but the boyfriend is still living in the property. In this particular case as there's two tenants names on the lease they are still both equally responsible for the rent payment until the end of the term of the lease.
The tenant that has moved out who is trying to reclaim their bond back, cannot reclaim their bond back because the lease is still in force
Where you are on a fixed term lease, and rent is due and that other tenant is not paying their rent, what you should do is inform the tenant that you will commence proceedings in the Victorian civil administrative tribunal to ensure that payment of rent comes from them as a debt owed and there any debt claimed could be a negative credit rating against their name and therefore they must maintain the rent payments.
You apply this to the named person on the lease document even if they have not signed the lease document their names on the lease and therefore they are bound by the lease as they are in the premises at utilising the premises even where they have actually packed up and left.
If the tenancy agreement is a month-to-month tenancy no fixed term, then this is a totally different situation and the tenant that is the other tenant has left, needs to give requisite notice of 28 days.
If that tenant hasn't given 28 days notice to you that they are vacate in the property in the correct format, you can then raise a claim against that tenant for a debt due again in the Victorian civil administrative tribunal. You may also write to the bond authority asking them not to release the bond as there is a dispute in place.
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