I am a landlord living in my primary residence with two boarders/tenants. 35 days ago I served a 30-day notice to one of the boarders. He continues to live there without permission. Rent was due 35 days ago, he refused to pay rent and said to just take it out of the deposit, I refused to do that, because he hadn't moved out yet and our lease states that deposit money cannot be used for rent unless written permission is given by the landlord. He states he will move out later next week, but continues to live there without paying rent and even if I did use the deposit for his rent, there is no more money left to pay for the rent. I served him a 3-day pay or quit for $950 ($900 rent + $50 late payment charge). I can file the eviction lawsuit, but by the time he moves out it probably won't matter. I just need to get my rent money. What is the process for that? Is there a penalty for a tenant refusing to pay rent and saying "just take it out of the deposit"?

