my apartment complex just filed eviction papers for me, i told them i was not going to fight it and go ahead with the eviction and move out of the property. i asked my property manager what the process was since i've never been evicted before, she told me that i was going to have to pay the remainder of the lease, which ends in april and the moving out fees. just like i'm breaking my lease and not being forced to leave. i've talked to other landlords and they have told me that the most they can have me pay is the last months rent, what is the actual truth in this matter?
2007-11-28 23:17:26 · 4 answers · asked by no name girl 5 in Business & Finance ➔ Renting & Real Estate
You're responsible for the remainder of the lease and all fees and costs. Then the landlord adjusts that for whatever rents are collected from a replacement tenant through the original end of the lease.
FYI, the costs you will be hit with for moving your belongings to the curb will be quite a bit more than what you'd pay to move yourself to a new place. In most jurisdictions the sheriff will pile your belongings on the curb. The landlord may move them to storage as security for any outstanding debts. If you don't clear the bills typically within 30 days your belongings can be sold and the funds applied against what you owe.
An eviction will trash your credit and make it nearly impossible to get another place. You'll be left to deal with the bottom-feeder slumlords for a couple of years. As long as you vacate prior to the completion of the eviction you won't have an eviction on your credit record. You may have a judgment for the unpaid rent but that's not nearly as bad as an eviction will be.
If eviction is inevitable it would make MUCH more sense to find a new place ASAP and move while your credit record is clean. Then deal with the unpaid debt to your current landlord as you can.
2007-11-28 23:36:45 · answer #1 · answered by Bostonian In MO 7 · 2⤊ 0⤋
They can not simply hold onto it until court. If they were not going to apply it toward the balance due, they should have refused the partial payment. They are not obliged to accept partial payments. If they received any funds from you, they must be applied toward the back due rent and eviction null. They must begin a new proceeding with new notice to pay since they did accept money. However, if you have the rent of the money, pay it right away. Take out a personal loan or borrow it from someone. Otherwise, your landlord will be in court on Jan 9. You could then explain to the judge that you tried to pay part of the rent.
2016-04-06 03:23:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The reality of the situation is that they must make an effort to re-rent your unit to mitigate your losses. However, they can hold you liable for the rent until it is re-rented, plus charge you the costs of re-renting, such as advertising, showings, etc. If your rental market is weak (lots of vacancies), it's possible that you might get stuck with the full amount of the lease.
Of course, damage charges are also possible. Do your best to insure that the unit is as close to spotless as possible when you leave, so that these charges are as low as possible.
2007-11-28 23:49:15 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
depends on what the eviction was for...
if it was a failure to pay or creating a nuisance then they must try to re rent the location but you are responsible for the amounts up to the end of your lease along with any damages.
2007-11-28 23:24:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋