I need help explaining to a friend that they are wrong to think that if they just stop paying rent on the remaining for months of their lease that they will get evicted and not have to pay anything.
2006-08-23 07:53:07 · 14 answers · asked by Johnny Ballgame 2 in Business & Finance ➔ Renting & Real Estate
If your friend does not pay, he will be breaking the lease by not adhering to the terms and conditions of the lease. The landlords remedy for non-payment is to file a non-payment of rent complaint and be returned possession of the unit.
That means your friend would be evicted.
In 99.9% of the USA, non-payment complaints only handle the possession end and a landlord is not awarded a monetary judgment. They are awarded possession. In a very few areas, a landlord is awarded a monetary judgment.
Most landlords who are owed rent will go after the tenant in small claims or civil court for a monetary judgment. Your friend could have his bank account seized and his wages garnished. Very few landlords are willing to take a loss, and will do everything in their power to recoup the unpaid rent.
Non-payment evictions rarely take months. I have seen it happen though, and it is almost always because a landlord filed incorrectly, failed to properly register the building, etc ....
Most non-payment cases take anywhere from a week to a little over a month from start to finish. In general, the more urban an area you live in, the longer the process.
2006-08-23 08:12:08 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
When you break your lease; I am from Washington State, you need to give your landlord a 20 day notice that you will be vacating your residence before the end of the month. If they are on a lease, they will be responsible for any days or months after they move until the residence is rented to a new tenant.
Depending on what their lease agreement states, in most cases they will lose their deposit. Also, in some cases they can always find another person(s) to take over their lease agreement.
Not paying their rent will result in an eviction and the company will get a sheriff to do a physical eviction once the company receives judgment. Once the sheriff comes out all of their belongings will be moved into the street and the locks will be changed. If the company takes them to court for failure to pay rent and eviction, your friends will end up paying double of what they owe due to court costs.
They can contact the Tenants Union in their area to receive info as their rights as a tenant. Also having an eviction on your credit is not good and they will have a tough time renting anywhere else.
2006-08-23 08:06:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Eviction is a legal process to rid a landlord of deadbeats. The past due rent is quite often awarded to the landlord as part of the eviction. The best path would to talk to the landlord and offer to remain until a new tennant is located or the lease is up. Eviction also shows up on your credit report and can follow you for years. Good luck renting again. Breaking the lease is just leaving and not fulfilling the lease duration. You could be charged for any remaining cost to complete the lease.
2006-08-23 07:58:30 · answer #3 · answered by fstopf4 4 · 1⤊ 0⤋
Well, technically they can be right. If they don't pay rent and the landlord starts an eviction proceeding, at said proceeding the judge will issue a decision that will allow the cops to change the locks, kick them out, and order them to pay back rent.
If they completely ignore the order and don't ever pay the back rent then the landlord and try to collect. Now they will need to close all bank accounts because the landlord can get an order to remove funds. They will need to stop working because the landlord will garner their wages. They will need to sell off all real property because the landlord will be able put a lien on said property. If they have no bank account, no job, no property then they escape paying rent. A judgment is good for 10 years (in CA) and at the end of the 10 years the landlord will be able to renew the judgment for another 10 years. This cycle can go on as long as the landlord wants it to. So they will take a huge credit score hit until they pay it off. Also in CA, the landlord is entitled to 10% simple interest on the amount of the back rent. IF they wait years, it really adds up.
They also get an eviction on their record that makes it impossible for them to rent any nice place in future. In CA, future landlords and check up prior evictions up to 10 years in the past. So they will live in craphole for at least that long or be forced to be a ridiculous deposit.
So if your friends are willing to like hobos then they don't have to pay the rent. But if they ever want to have savings or buy things like food, a dry place to sleep, a clean bathroom... pay the rent.
2006-08-23 08:05:33 · answer #4 · answered by Spaceman 6 · 0⤊ 0⤋
If they don't pay and get evicted they will still owe money for what they didn't pay and the landlord can still get money from them until he re-rents the apartment. If your friends want to move they should talk to the landlord and usually an agreement can be form on the condition that the apartment can get rented out then they won't be liable for the money due on the remaining term of their lease agreement. Or they can try and find someone to rent out their apartment with a new lease with the landlord. But breaking their lease or getting evicted you will still owe money due, plus added court cost can be put onto what they owe.
2006-08-23 08:04:13 · answer #5 · answered by tabby 2 · 1⤊ 0⤋
to break your lease would be to move out before your lease is up but to pay a fine if any to the leasing agent and giving the agent 30-60 days notice. Eviction is being thrown out on the street by court order. Usually 10 days or so. I think the preferred option would be to break the lease. If you are evicted you are still responsible to pay the rent, damages, and court fees.
2006-08-23 07:56:09 · answer #6 · answered by nimopiba 3 · 0⤊ 0⤋
They would be evicted, and the apartments/home owner could go after them for the remainder of the lease.... so they are getting screwed by having the eviction on their rental history, AND they are STILL RESPONSIBLE for paying any and all fees associated with the lease being broken. They are breaking the lease by not holding up their contractual obligatoins of paying-- by NOT PAYING they are breaking their lease and then getting evicted on top of that. Make sense?
2006-08-23 08:38:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Breaking the lease is when you are paying monthly, like you're supposed too, and you have to "break the lease" because you can't afford it, lost your job, etc. Not paying and still living there, can cause you to get evicted by your landlord because you are not agreeing to the terms of the contract to which you signed. Both aren't good for your credit, and in the future when other landlords and agencies check your history.
2006-08-23 07:56:37 · answer #8 · answered by Goodbye 5 · 0⤊ 0⤋
OH .., AU`COINTRAIR` Monsieur`
True , they will get evicted..,
In order to get evicted, the landlord must take the case before a judge. Once the judge hears the case, He will rule.., probably in favor of the landlord.
At that point,the Judge most likely will order restitution from the tenant.., and an order to vacate the premises.
NOT the way to go!!!!
YES there may be a penalty for early release from the contract..,(LEASE).., but I can assure you that it is favorable over being sued and a Judgment entered against you/them.
2006-08-23 08:04:13 · answer #9 · answered by bigbill4u 3 · 0⤊ 0⤋
most places will start the eviction process after 5 days and then they only have to wait 30 more to kick you out and then you have the $ from however many months on your lease will then go onto your credit. breaking a lease means that you square everything with the complex before you leave and don't have anything go on your credit, you basically have to pay them off like a loan shark. Heh!
2006-08-23 07:59:33 · answer #10 · answered by chris j 3 · 0⤊ 0⤋