Although the rental agreement allows me to rescind the "privilege" of paying the annual rent on a monthly basis in case of default, most judges will not award blance of year's rent attached to eviction.
AND once evicted the deadbeat tenant has no more oblication even though the landlord has to spend a lot of work and money to re-rent the apartment. If no takers for several months, the landlord is out the rent that there had been a contract to pay.
How's that fair to the landlord?
2007-08-07 21:43:47 · 7 answers · asked by Joe v 2 in Business & Finance ➔ Renting & Real Estate
I'm sort of mixed on this question. While yes you could sue and probably win, but chances are you will never collect that money.
You ask how is it fair to the landlord? My question to you is how fair is it to the ex-tenant? Your wanting someone to pay you rent for time they are not actually living in the house, a house in which you kicked them out of, I'm sorry but really that sort of thought process disgusts me.
Here's the thing, as a landlord you are a business man, and im sorry but guess what? No one in life is going to guarantee you an income, the fact that it is taking you time to find a new renter is all part of being a landlord and that is all part of being in the business that you are in. Just as evictions are part of it.
Think about it this way, after the contract ended, you would still be looking for a tenant and spending the time and money re-renting the apartment. Which in all actuallity is laughable. It costs you actually what $40 a week to advertise, and your time spent was taking 5 mins to call up a newspaper. Then maybe driving a few miles to meet with perspective tenants? Not really a whole lot of costs for you to be complaining about, it's all part of the business and all part of what you knew you would be in for when you first rented the house.
Or are you talking about the mortgage payment? Hmm maybe it was bad business borrowing money to make money in your case, since there is no guaranteed income in that business.
Landlords annoy me.
2007-08-08 02:15:59 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The whole idea behind eviction is to rid yourself of a deadbeat or troublesome tenant. Normally the judge will only award you the rents up to the date of departure. Had they simply bailed on you you'd be able to get at least another couple of months out of them. That's the "price" for getting them out more or less expeditiously.
That said, you can STILL sue them for the unpaid rent as a separate action, typically in Small Claims Court. I've done that successfully a few times. The judge that ordered the eviction assessed the rent through the end of the eviction month. I tallied my lost rents and restoration costs and sued in Small Claims Court and won. Collecting on THAT however was another story entirely... Often it's best to just let sleeping dogs lie and be thankful that you're rid of the dead weight.
2007-08-08 00:56:51 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Generally any verbal lease agreement (which it appears you have, even if no rent was to be paid) can only be on a month-to-month basis. So he can change the terms on you with notice, and you can decide to move out if you don't like the terms of the renewal for the next month's tenancy. He has the right to evict you if you do not voluntarily leave. You basically have no rights if he gives you adequate notice of the change (30 days in most areas). If you decide to stay and pay the rent, demand that you have a written lease. This will provide important protections for you as a tenant and will avoid any misunderstandings down the road of who agreed to do what, and who can do what.
2016-05-17 04:11:43 · answer #3 · answered by ? 3 · 0⤊ 0⤋
That is not my experiance. Why would a landlord wait a year to evict? I start on day 3, actually file if they are 2 weeks late (filing is not free).
I have been to court many times and have ALWAYS been awarded damages and past due rent. Collecting is another story, but judges have not expected me to take a huge loss over a creep.
I wish I could sue for the stress the losers cause too, but I can't.
2007-08-08 02:56:50 · answer #4 · answered by Landlord 7 · 0⤊ 1⤋
It's not.... but at least eviction lets the landlord attempt to re rent the property to someone who will actually pay rent and not just let someone live there rent free.
2007-08-07 21:47:05 · answer #5 · answered by Me 6 · 0⤊ 0⤋
Another that has no business, being a landlord.
you cant light both ends of the candle..........
2007-08-08 04:04:13 · answer #6 · answered by DennistheMenace 7 · 1⤊ 0⤋
actually if they owe back rent they can sue for it...if they have records of non-payment
2007-08-07 21:53:24 · answer #7 · answered by ♥Love Love, Kiss Kiss♥ 5 · 1⤊ 1⤋