Eviction Notice after 3 months of vacating property!?!?

Question

I recently moved from these hellhole apartments in the beginning of September. I didn't care about my security deposit, I just wanted OUT. I did put in my 30 day notice in writing and dropped the keys in the drop box. I just received an eviction notice (forwarded to my new address) stating that I have not paid rent up until November. I have to appear in court on the 27th. What do I need to take with me to prove that the unit has not been occupied so I don't have to pay rent somewhere I have not been living?

Let me add that my lease expired in August and I did not renew it.

Answer 1

You will need to prove that you gave them proper notice. Did you keep the certified mail receipt? Did you get the return card showing who signed for the certified mail?

Just bring those things to court with you and you will be fine.

If you didn't save them, you can just type in the certified number at the USPS website and they will go to their archives and e-mail you the proof of delivery.

Answer 2

Do you have a copy of your old lease?
Did you keep a copy of your 30 day written notice?
Take a copy of your current lease showing when you moved into your current place. (this may or may not help)

You want to go to court with these items. In Colorado the burden of proof is on the landlord. Who knows, if you go you may get your security deposit back too. However, there is always a possibility that you may be required to pay. A lot depends on your state laws, the judge hearing the case and your documentation.

A holdover tenant is one that stays past the date of their lease.

"A holdover tenant is not entitled to notice to quit. If a lease is for a definite term and the tenant does not surrender possession of the property at the end of the term, the landlord may elect to hold the tenant for a like term. Such election must be accompanied by some act on the part of the landlord that signifies an intention to accept the tenant, such as receiving the next rent payment. Unless the landlord in some way indicates intent to retain the tenant, the tenant remains a tenant at sufferance."

Answer 3

You moved out at the end of your lease.....Gave a 30 day notice - turned in your key....The most important thing to do is appear in court, taking with you a copy of the 30 day notice letter, a copy of the original lease and the statement from the postoffice with the date of change of address and all the problems with the property. Having documentation of reasons why you left are very helpful - almost as much as pictures. Just do not take any ignorant friend with you that would screw it up for you! :) Good luck and Happy Thanksgiving!

Answer 4

You need proof that your lease defaulted to a month-to-month and that you gave proper notice (state law usually dictates 30 or 60 days requirement)....Your notice to vacate should have been mailed certified to show that the landlord received proper notice.

google your state and landlord/tenant laws to see what state requirements are.

If your lease (that expired) stated that you needed to give 60 days notice, make sure that state law says 30 or less because your landlord will try to say that your old lease was in effect.

You should also have proof that you left the apt clean and....

landlords have a duty to mitigate their losses. You landlord can't ask for rent if he made NO effort to rerent the place. See if you can find evidence that he placed ads and aggressively pursued new tenants.

Answer 5

You need to go to court. Apparently they are suing you for breaking the lease. Take documentation for the reason for moving.

Edit: Since you didn't break the lease, you need to appear and tell the judge so that you don't get a judgment placed against you.

Answer 6

It relies upon on the state. In my state its a 5 day to pay or vacate note, and in case you do not pay they could call the police to have you ever bumped off. Its quite instantly ahead, he needs to pay the late quantity. Its in various of circumstances spelled out contained in the employ. in the adventure that your pal signed a employ that required he pay on the first and he doesn't its a contravention, if he won't be able to pay till the fifteenth of the month it really is his situation, he agreed to pay on the first. Your pal might want to bypass out and locate an section he can surely have adequate money. He obviously won't be able to have adequate money this and he has violated his employ contract, the owner has each and every perfect to evict him, a employ is a legally binding record. No offense on your pal yet when he suggested he pay on the fifteenth and did not i'm no longer shocked he were given a note. also you suggested he's been late on the employ countless circumstances, in various of circumstances a administration business corporation will be knowledge if its a one time element, yet when its a continual occurance they gained't enable it bypass. My advice pay the late stability in finished and bypass out, locate someone to take in the time of the last element of the employ, if he won't be able to locate someone then he nevertheless has an situation if he breaks the employ.

Answer 7

You should probably get a lawyer. Did you by any chance keep a copy of th 30 day notice. Can the post office give you a copy of the change of adress form????? That is dated.

Answer 8

you may have problem,
if you had lease you could not just break it.

so you may be liable for any rent ect.....

but good new is... small claims court can't collect diddle.
really.. you have moved out.

any judgment if likely to go uncollected....
i would not pay it....................

actually you don't even have to appear in court...
just a notice you are being sued? not a summons?

Answer 9

Did you break your lease? Then you need a lawyer to help you