If you are evicted....

techs

Lifer
Sep 26, 2000
28,561
4
0
I was wondering what happens to the rent if you are evicted?
Say you have a year lease and you get evicted after 3 months.
Do you still owe the rent for the remaining 9 months even if you are no longer allowed on the property?
Thanks
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
actually you can get sued for the remainder of the lease. IF the landlord can't find someone to rent it.

you do NOT want a eviction on your credit report that would nto be good.
 

Bignate603

Lifer
Sep 5, 2000
13,897
1
0
WTF? Are you saying you don't owe the money for the rest of the lease?
If so, you are saying you can break a lease just by doing something to get evicted?

Are you seriously considering doing something to get evicted just to get out of a lease?
 

MagnusTheBrewer

IN MEMORIAM
Jun 19, 2004
24,135
1,594
126
They are two separate things. Doing something to get evicted is the idiot part. To get the rest of the lease, the owner/agent will have to jump through legal hoops. This is a foolish thing to do. Are you planning on leaving the State? 'Cuz, that's about the only way you'll ever get to rent again.
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
They are two separate things. Doing something to get evicted is the idiot part. To get the rest of the lease, the owner/agent will have to jump through legal hoops. This is a foolish thing to do. Are you planning on leaving the State? 'Cuz, that's about the only way you'll ever get to rent again.

Not just the state. this will go on his credit report. good luck getting a place to rent or own. you can do it..but you aren't going to get the nice places to rent.

IF you try to rent local you are screwed.
 

nageov3t

Lifer
Feb 18, 2004
42,816
83
91
WTF? Are you saying you don't owe the money for the rest of the lease?
If so, you are saying you can break a lease just by doing something to get evicted?
if you need out of a lease, you can simply break it.

you'll likely lose your security deposit, but that's probably gone if you get evicted too.
 

techs

Lifer
Sep 26, 2000
28,561
4
0
They are two separate things. Doing something to get evicted is the idiot part. To get the rest of the lease, the owner/agent will have to jump through legal hoops. This is a foolish thing to do. Are you planning on leaving the State? 'Cuz, that's about the only way you'll ever get to rent again.

Everyone is jumping to conclusions.
The problem is that the place is not up to code. I can't get the landlord to fix it.
Not that he doesn't want to, but he is out of the country and he is trying, but its been awhile and nothing is happening.

I am considering approaching him about either getting a management agent or letting me out of the lease.

The option that looks most appealing is hiring my own contractors to do the work and deducting it from the rent.

He feels this would break the lease and legally its unclear.
What I have found out is if he does try and evict me, than yes I am liable until he re-rents the place.

However, I have 6 different realty agents as clients of my business. They assure me they will have someone to move in within 30 days. They probably won't meet the landlords standards, but legally they will fit the bill as adequate tenants. So the landlord will either turn them down, and lose the ability to try and recover the rent from me for the rest of the lease, or have to rent to people he doesn't want.

I just wanted to find out the legal options. Now I know.
And as to getting another place, he is just a private landlord so I am not worried.
I just thought letting him evict me, even though legally he couldn't if I fought it, might be a better option than trying to talk him into letting me out of my lease.

I have only been here a very short while. And was at my last place for 13 years and have a glowing reputation.

And as to finding another place, I did mention I have 6 realtors as clients. Including the largest landlord in town. This place was just the best. There are others that are almost as good.

So, it is good to know I shouldn't let him evict me because it would show on the credit report. But giving him the idea I might let him evict me and telling him what would happen would be a good incentive for us to both annul the lease amicably.
 

guyver01

Lifer
Sep 25, 2000
22,151
5
61
The problem is that the place is not up to code. I can't get the landlord to fix it.

If the place isn't up to code, and your landlord won't fix it.. you have two options:

(1) Check your lease.. there might be a clause about repairs. If the landlord doesn't fix, he breaks the lease. No need for eviction. Might need to talk to a lawyer tho

(2) Talk to the local housing authorities (building inspector, etc, whatever agency controls apartments) .. not being up to code is major fines. Again might need to talk to a lawyer.

bottom line..

TALK TO A DAMN LAWYER
 
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guyver01

Lifer
Sep 25, 2000
22,151
5
61
Also.. i doubt your landlord will evict you.

Eviction involves going to court, and getting a court to order the eviction.

During that, you get a hearing.. when the judge asks why you are being evicted, you can provide proof that the rental is not up to code. Pictures, notarized documents from inspectors, etc... and the landlord can find himself thrown in jail, fined, etc, for not being up to code.

The landlord cannot evict you because your apartment is not up to code.
 

MagnusTheBrewer

IN MEMORIAM
Jun 19, 2004
24,135
1,594
126
The only reason folks jumped to conclusions is you gave no details.

So, you are operating a business out of this rental? Why did you sign a lease if the place was not up to code? Sounds like you were trying to save a nickel and now regret it.

Whether the landlord is "just a private" one or not, he can still put a down check on your credit report. The good news is that you apparently have other rental options so, what changed since you rented the place?
 

bobdole369

Diamond Member
Dec 15, 2004
4,504
2
0
It all depends on the lease and the laws of your state. With respect to tort laws and generally speaking - the legal system in the USA, you should expect to owe for the remainder of the lease.

In Florida - which is all I can comment about - and only for residential tenancies, and since I'm not a lawyer, and this is not legal advice - the following should be considered hearsay: If the landlord is in violation of the lease agreement (i.e. there is something broken/missing/not performing, which he is bound to provide), your recourse is to notify the landlord in writing (via US Mail certified return receipt), allow a certain amount of time to pass, then begin paying rent into the registry of the court.

You should then expect eviction paperwork from the landlord, the courts find the deficient rent in the registry, you get in front of a judge and he decides what happens (the judge). You may not owe rent during that time, you may, its up to the law, the lease, and the judge.

Get a friggin lawyer this shit is hard.
 

bobdole369

Diamond Member
Dec 15, 2004
4,504
2
0
So, it is good to know I shouldn't let him evict me because it would show on the credit report.

As well public record, other non-credit agencies such as saferent, perhaps subsidiaries of places like chexsystems, etc.

With an eviction prepare to not rent from anyone besides ghetto scum for the next 7 years at least.
 

Ken g6

Programming Moderator, Elite Member
Moderator
Dec 11, 1999
16,245
3,834
75
The problem is that the place is not up to code. I can't get the landlord to fix it.
And as to finding another place, I did mention I have 6 realtors as clients. Including the largest landlord in town. This place was just the best. There are others that are almost as good.


I'm cowfused...
 
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lykaon78

Golden Member
Sep 5, 2001
1,174
9
81
Check with your local housing authority. In some situations if the building is not up to code you can have the housing authority put the rent in escrow and then release it to the landlord once the buildings is brought up to code.

Laws like that are probably state specific so YMMV.
 

Svnla

Lifer
Nov 10, 2003
17,999
1,396
126
if you need out of a lease, you can simply break it.

you'll likely lose your security deposit, but that's probably gone if you get evicted too.

Don't you have to at least pay a month rent if you break the lease? At least in my lease agreement.
 

Ausm

Lifer
Oct 9, 1999
25,215
14
81
Depends alot on what state you live in so contact your local bottom feeding lawyer ;)
 

SooperDave

Senior member
Nov 18, 2009
615
0
0
.

And as to finding another place, I did mention I have 6 realtors as clients. Including the largest landlord in town. This place was just the best. There are others that are almost as good.

.\

Why haven't you asked these people? They are in the industry and
are familiar with local laws.