I may have to begin eviction proceedings because of late rent. Can I sue for the remainder of the lease agreement? They are two months in, however this is a college rental and it would be impossible to find new tenants if I evict them.
2007-09-14 11:17:59 · 11 answers · asked by drf2684 1 in Business & Finance ➔ Renting & Real Estate
If you evict them, you can not sue them for the balance of the lease. You can only sue for unpaid rent while they lived there and damages beyond the deposit.
Of course the eviction process could take longer than those 2 months left.
2007-09-14 11:51:55 · answer #1 · answered by bdancer222 7 · 2⤊ 0⤋
since you're paying for it anyway, and the law says water and electric needs to be working when someone is in the apartment or home, you will need to keep those going until they leave. Otherwise you'd have a stinking mess to deal with. Give them the normal and customary 3-day eviction (hand them the original with your signature on it, and then immediately call your attorney to get this enforced by the sheriff, get a couple of copies of that eviction notice and give that to your attorney). Then that attorney will help you go after those renters or put a judgment against something they own now or in the future, and if they do then own something it can be picked up and sold or just a lien put on it till it's sold. This can go on for years.
2016-05-19 21:51:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In my state (Wisconsin) you can sue them for damages less the deposit you kept. Damages include physical damage, back rent, rent lost, eviction costs but not attorney fees, court costs for the eviction, judgment, and garnishment (when you have the judgment). Court costs would include the cost of service, and publishing if their new address is unknown. If you gave them the notice to move for nonpayment in x number of days, you can charge them double rent for the number of days they stayed over beyond day x.. .
2007-09-14 13:11:12 · answer #3 · answered by Bibs 7 · 0⤊ 0⤋
Yes, your rental or lease contract is a binding one. Check out the local courthouse for pamphlet info, contact your local landlord association or call a local housing attorney. You must actively try to rent/lease the property and be able to prove this in order to charge these tenants for the months they are not in the apt. and are only responsible for the months they were there and the months the property stays empty after they leave and again you MUST actively attempt to re-rent/lease. Notice/demand to pay, evict, suit, judgment, garnishment.
2007-09-14 12:05:38 · answer #4 · answered by Morgan M 5 · 0⤊ 2⤋
You have to go to civil court. Be sure to get your paperwork in order. You will not get the entire remaining lease but if you look for a new tenant and one moves in even several months later, you should be able to recover all the uncompensated rent for the intervening period.
2007-09-14 11:25:42 · answer #5 · answered by Lex 7 · 0⤊ 0⤋
yes, they signed a contract if they break the contract or get evicted you can sue them for the money you are losing out on. Talk to a lawyer
2007-09-14 11:26:05 · answer #6 · answered by Mel 5 · 0⤊ 0⤋
You can sue for the rent to the day they moved out
2007-09-15 04:29:12 · answer #7 · answered by kenneth h 6 · 0⤊ 0⤋
Yes you can sue them for it. But remember the old adage that you can't get blood out of a turnip. A lawsuit can give you a judgement saying that they owe you the money, but that doesn't get the money.
2007-09-14 11:35:10 · answer #8 · answered by Judy 7 · 1⤊ 0⤋
your eviction is terminating the lease at the point of the court hearing
so no
2007-09-14 11:56:24 · answer #9 · answered by goz1111 7 · 2⤊ 0⤋
Sue them now but count on collecting later. You can garish their wages after the suit if you have to.
2007-09-14 13:21:34 · answer #10 · answered by Landlord 7 · 1⤊ 0⤋