can I leave my rented property b4 the 2 months eviction notice i got and not pay the rent?

Question

I have a years assured tenancy agreement which was up in may 2008 . the landlord has decided to evict us because we kept moaning about the poor condition of the house. he has given us two months notice from today to move out As i will need to find another property I want to move out asap and not pay the remainder two months rent and forfeit the deposit, (im pretty sure i wont be getting this back anyway as the landlord will want to reclaim the money he spent on repairs), what is my legal standing and are the estate agents and landlor likely to pursue me for the remaining tw months rent .

Answer 1

I don't see why not considering your landlord has requested you leave anyway - surely if he wants you out, he isn't going to argue if you tell him you are going sooner than he expected. Chances are he would welcome your early departure, and he gave you the two months notice to cover his own back, because legally he can't just kick you out without warning.

He's obviously a poor landlord, as a decent one would make a home suitable for paying tenants, so look for a new place asap, and only pay rent for the time that you are actively in your present home - certainly do not pay the full two months if you are not going to be there.

If you move out soon enough, you could even refuse to pay any rent at all, and just tell the landlord to take it out of your deposit (you say you will probably lose it anyway, so what the hell).
Being the cowboy he sounds, he'll probably accept this as it's still money in his pocket, and he is liable to pay for repairs on the property so can't claim that from you anyway, meaning he must refund your deposit - that money is essentially yours.

If he paid for damages caused by you, is keeping your deposit for that, and requires rent, he is unlikely to chase you through the courts for a few hundred pounds that would be difficult to prove belongs to him. He'll be too busy investing his energy into moving other people into the dodgy property you vacated - it's easier money for him to collect.

I know what I would do...
Good luck searching for a new home.

Answer 2

Thje laws are different in different countries - I am going to guess you are in the UK though from your terminology.

I would suspect your landlord may, had he the chance, want to put his side of this over - or are you telling me the eviction paper says "reason for eviction : moaning about repairs" ?

The reality is you can probably just abandon the place, wave goodbye to your deposit and cheat him out of the rent. HOWEVER, depending on where you live and how irked you make him, it will then be a very simple matter for him to get you in small claims court and, if you still don't pay, a CCJ - which will make your credit score vanish down the lavatory.

Having said that, unless you HAVE done something which a fair court would agree was cause for eviction, then he should not bring an AST to a premature close without giving a specific reason.

The estate agent may ALSO make a note that you are not to be recommended to any of their other landlords if you refuse to pay agreed rent - unless you can convince them that the landlord has been acting unreasonably.

Might be worth taking photographic evidence if there is any to take. WARNING - landlord may well have taken some before you moved in - so if you photograph a ruined machine / filthy wall - and he can show it in good condition when you moved in - you would then have a REAL problem on your hands. If there are GENUINE problems to photograph, get them done.

From a real world point of view (where you might have to pay the consequences of what you do, rather than just do what you would LIKE to do), I would tend to urge caution about doing what some folks have said "and cut and run" - at least without discussing it first with the letting agent - and perhaps inviting them around to see the problems you mentioned.

The part where you say "the landlord will want to reclaim the money he spent on repairs" suggests that he has already paid out money for repairs - why would he expect the money back if he was repairing something that was in poor condition - or was he actually repairing something that has been damaged since you moved in?

Was the house in poor condition when you moved in ? Why did you move in if this was the case? Did the rent reflect the condition of the property? If not, why did you move in?

Sorry to be vague - but some of this doesn't quite seem to add up. I am not saying you are being selective in your facts, but certainly there are some puzzling details here.

Answer 3

If it's not in the agreement the landlord cannot do jack. Most agreements include first and last months rent. And under some situations your friend could stay up to 60 days after receiving the notice. I'm just guessing but paying the rent probably had something to do with the eviction, so my advice is next time pay the rent up a month just in case something happens, and it never hurts make a habit of paying a week or two before it's due to have some breather room.

Answer 4

Depends on his attitude and how far he will pursue it. And the laws vary from state to state. But....since he is asking you to move I would think you do not owe the other 2 months; as he has vacated your lease.

And I'm sure you will not see the deposit.

You could notify him that you are paying the Dec and Jan rent to an escrow account and when you get moved you will release that money to him. This can also be done when a landlord doesn't get something repaired. You hold his money until it is repaired, but be sure to make the deposits to a separate account and send him notification.

There is a agency in most towns where you report unsafe living conditions and negligent landlords for investigation. Suggest to him that you plan to do that. But play it by ear and don't do anything to cause him to pursue you.

Answer 5

It completely depends on the tenancy agreement. An eviction notice is an agreement that the landlord wishes to cut losses, and wants you out (and has the right to go after you for rent owed). If you have not gone to landlord/tenant court to dispute bad housing conditions, the agreement is all you have to go on. Yes, you will have to pay the 2 months rent if you leave now. He gave you 2 months, you have the option of using them. The eviction notice stands as an amendment to the lease termination date.You have options; you can send a certified (!!!!) letter to him saying that due to deplorable conditions, you are leaving early and he can choose to accept this and cut his losses OR demand the rent. You can then take him to landlord court as a result of his ignoring the conditions and see what the court says. If it's really bad, the court rules in the tenants favor.

I don't know why you think you are going to lose your deposit. Repairs which are logical and necessary for habitual living (ie: the floor with mold? yes needs to be fixed. "New" energy start windows? No, unless your state requires it) cannot come out of a tenant's deposit. The deposit is for damages that will make the house the same as it was when you came in. If there was a hole in the wall when you got there, as long as it is documented in the lease or in a followup to the lease (with 2 signatures, yours and the landlords), your deposit cannot be used to fix it. Now, painting it to the original color or cleaning up after a messy pet DOES come out of your deposit.

Before you think about legal standings, it might be in your best interest to have a document letter exchange with your landlord and see if you can meet an agreement. If you wish to move out earlier than the eviction notice, letting him know and talking about deposits will be better than going to small claims court later. The worst that happens is he says NO and you can fight him legally. It depends on the state on what legs you have to stand on. Make sure EVERYTHING is certified and take photos of the certified letter address to him if you don't get signature (which you should, its worth the money).

You can stop in to your local town hall to find out where the tenant rules are kept, and you can read them yourself before you talk to anyone. Hope this helps!

Answer 6

that is a lawyer issue if the house is in a state of emergency like black mold growing on the walls or there are cockroaches sharing your space then you can leave without paying rent if he didn't give you a legal eviction notice like thru a court he cant evict you, evicting someone is hard, and can only be if you violate your lease agreement or if you don't pay the rent or you cause considerable damage to the property a court would never grant your eviction just because you complain, if its not a legal eviction and nothing stated above is what is going on he can take you to court and sue you for violating your lease agreement

Answer 7

If you have a contract which you do you will be liable to pay the rent unless agreed with the landlord.
your deposit has to be kept separatly by law these days so that only justified witholding of any money for damage happens. he should be paying for repairs and you for damage over fair wear and tear.

Last thing you want is a CCJ against you - i know, I work in mortgages and these will follow you around like a bad penny.

Suggest you come to some arrangement as he may want to sell the property beofre CGT changes in April - can work both ways.

Good luck

Answer 8

He does need some reason, and moaning is not one, to evict you. But, no matter what you are still responsible to pay the rent. Evict does not mean that you have some sort of legal right to free load. If he has to sue (he will win) for unpaid rent it will effect your credit and show up on it for 7-10 years. After that his recourses are the same as others you are refusing to pay, the amount, plus court costs and interest, goes into collections.

Answer 9

You can stay there until he gets a court order. You can forfiet the deposit but it may not apply to rent. the bottomline is he cannot force you to move without a court order. In court you will not have a chance unless you have paid the rent. Just stay as long as possible and be prepared to move within 5 days of notice.

Answer 10

probably not being that it is not in good condition! One thing that you do want to remember is that it will be a bad reference, you dont want a gap in time next time you go rent some where. But IF it did go to court you fight that it was in bad shape and if u had a yr assured tenancy agrmnt and you leave Before there is no way he can kick you out~~!