if you are evicted are you held responsible for the remaining of the lease or just the months you were their?

Question

I am do to be evicted on march 7, 2007 my husband lost his job and we have not paid for january or february's rent, the order says we have to pay for january, feburary and the 7 days of march, also for court and late fees. will this go on our credit, they do have 2,100 dollars in security deposit, are we held responsible for the 7 months that are left on the least even though we are not going to be living their due to the eviction thats taking place march 7 2007. can I file a motion without being charge to get more time to find a new place, and will the eviction affect us with getting a new place to live.

Answer 1

Security deposits go towards repairs and cleaning. If you still owe them money obviously they will deduct the deposit from that owed.

Only pay what the order says to pay.including fees(If the landlord is able to rent the apartment out he is NOT losing money and can not collect rent from you on the apt and someone else.(STILL ONLY PAY WHAT THE ORDER ASKS)

It will go on your credit report if the landlord decides to report it.

Depending on your state you can stay in a place longer through court processes of eviction.
However your best bet is to talk to the landlord and arrange what you can, including paying back past rent.

If I were you I would move out quickly so he can re rent the place.
Most cities/states have a " Fair housing" or " "renters rights" group that can give you free advice and in some cases help you negotiate something.

Answer 2

I think you are screwed. If you didn't pay rent (which was a set price agreed upon in the contract), then you are the breaching party. If you breach a contract, you are responsible for full performance of the contract- which would be payment of the rest of the rent until the contract is over. Afterall, you agreed to pay for rent on that apartment for 7 more months, and that's what they will hold you to.

However, there are tenant laws that limit the time an apartment can charge you rent for an unoccupied apartment. It depends on the state, but I think that 7 months is a bit excessive. You probably won't have to pay that much.

And you shouldn't have to pay anything if you can get someone to live in the apartment- like a replacement. And that person signs a lease for the time that remained on your lease. But this depends on the manager, and usually they are not really friendly. They are supposed to stop charging you rent for the apartment as soon as someone new moves in, but of course they will never tell you that someone new moved in to get you to pay for everything!

Your best option is to talk to the managment company- above the manager. Tell them what's going on. You may still be evicted, but they might sympathize with the remainder of the rent. Just because you signed a lease doesn't mean they can't make an exception. But realistically, they probably won't care and they only want the money. But it's worth a try!

Answer 3

Court procedures and laws vary by state. I'm an attorney in California, so my answer is based on California law.

It sounds like your landlord sued for eviction and you lost. Inability to pay rent is not a legal defense. The judgment restores possession of the premises to the landlord and for the past due rent up through the time of trial.

The landlord has the duty to try and rerent the apartment to someone else. Once the landlord rents the property to a new tenant and gives you a credit for the the part of the 7 months the he/she was able to get a new tenant, the landlord can sue you you again for the remaining unpaid rent.

You should consult a local attorney for further information.

Answer 4

specific, you will possibly be held in charge (in my state) for the stability of the hire or the owner's definitely damages for lost lease if the valuables is re-rented in the previous the expiration of the hire. you may genuinely make a action to the court docket for extra time, yet i could be stunned if the decide might grant it considering which you're over 2 months in arrears now. permitting you to proceed to be even longer with none prospect the owner will gets a commission could be punitive to the owner for my area. As for paying for a sparkling place - a judgment and eviction from yet another landlord is basically about the worst element a components supervisor or landlord can see on your credit. That, coupled with a loss of employment, latest an marvelous impediment for you.

Answer 5

In most cases a security deposit is for cleaning and damage not for unpaid rent and normally you are still responsible for rent up until they re-rent the unit. No court will grant a motion allowing you to continue to live there without being charged. Your best bet is to find a place ASAP!

Answer 6

You should seriously consider discussing your situation with your landlord and try to work out a payment agreement. Have you tried asking for rental assistance at your local welfare office in your state, Check with some of your local churches or charity groups such as the Salvation Army. Some of these churches and charity groups will help you pay for your rent, gas, and electric bills.

You should be asking for help wherever you can possibly get it. Don't let this matter become a problem in the courts otherwise, it will adversely effect you later on down the road. Based on your description of your case your landlord maybe in good position to get a judgement against you. Try to pursuade him/her to work with you instead of working against you.

Go to your welfare, Human Services or State Family and Children's Agency and get help now. Get Food Stamps if you need it too. I live in Michigan, I know that the welfare agency in Michigan helps with families who are about to be evicted.

Check around and see what help is available to you. Has your Husband applied for unemployment benefits?

Answer 7

It depends on what is done in court of you go to court. Going to court can ward off the rest of the lease, ignoring court and having a judgement will put the remaining lease on your credit as well. It all depends on the landlords and how they want to handle it.