Do I have to pay rent after eviction?
No. The eviction stops any need to pay rent, and wipes out unpaid back rent.Instead, unpaid back rent up through the date of the trial will be converted to a Judgment Amount, along with any legal costs incurred by your former landlord for the eviction. You have to pay THAT instead,You still have to pay it; just that it isn’t rent anymore. You have 30 days to pay it before it begins having interest added to it.Also, in Texas (where I am referencing), a Judge can award ONLY pure rent on an eviction judgment… no late fees, repair costs, etc. He doesn’t have jurisdiction for any other amounts, in an eviction suit.If you have late fees, NSF fees, etc. that couldn’t be awarded on the Eviction Judgment, you can be sued again with a Small Claims suit that follows, leaving you with TWO judgments against you; one for the rent and the other for non-rent obligations and any damages that the security deposit wasn’t enough to cover.The landlord has two years to file the second suit, it can happen immediately, or anywhere in between.
If you get a eviction notice do you still have to pay rent for those 90 days?
You owe rent for any length of time that you occupy the apartment. If you do not pay, they can go after you through collections, file a claim in court, garnish your wages, and all that fun stuff. It will also go on your credit report. The eviction will be on your credit report either way, but it's much easier to get a new place with an eviction on your report if you can at least show that you didn't owe any money.
Will evictions show up, if they are out of state?
As the others said, yes, the eviction will show up on your credit report and background check. Your fiance could get the apartment in his name, if everything is OK on his end. But the LL does not have to allow you as an authorized occupant. You may do better, depending on the circumstances you were evicted, to be upfront with your perspective LL that they are going to find the eviction. You have 3 years from the eviction, if your rental history since then is good, most will rent to you despite the eviction.
I have an eviction hearing at 9am. I may not be able to make it as my car broke down. What happens if I don't show up. Will I be evicted today?
The failure to appear tends to result in a default judgment for the opposing party; since you are a tenant and this is an eviction hearing, the judge will grant the landlord the request for eviction.Of course, even if you do appear, and the landlord has the stronger case, you could still end up with that same result. So whether you should go to the trouble of appearing for that eviction hearing, it comes down to whether you actually have a case against the landlord or whether you were just extending the time duration you get to stay where you are now living. For some tenants, they have no legitimate case, since they failed to pay rent as the landlord’s case demonstrates - they are just looking to live rent-free for a little longer. (I took the trouble once to spend half a day at eviction hearings, so that is not hyperbole).If the landlord wins at the eviction hearing, that results in a court order; it will usually be for “possession” (the landlord is to get the rental unit back), sometimes there is an order for damages (tenant has to pay something to the landlord), and sometimes when the landlord wins both possession and damages are granted to the landlord.Once the landlord gets an order for possession, there is a timeframe for the tenant to appeal or to voluntarily move out. If the tenant decides to appeal, there will be a deadline to do so, and there could also be a requirement to pay the court the amount of rent that the landlord claimed (plus any rent due during the time it takes the appeal to be heard); the tenant will probably have to pay some court filing fees to appeal.If there is no appeal, the tenant has a deadline to voluntarily move out; failure to move out can result in forcible removal under supervision of law enforcement officers (sheriff or constable usually). In forcible removal in some jurisdictions, the tenant’s personal belongings are placed at the curb - you might not like to reach that point.
Can you qualify for section 8 if you had evictions in the past?
I have been on the section wailtlist for 4 yrs now. I have had 2 evictions in the past. Can I still revive section 8 when my turn on the wait list comes up? I never had section 8 before.
Eviction on rental history but I was never evicted?
I am trying to move and just found out that an apartment i lived at 2 years ago has down evicted on my rental history. But i was never evicted i moved out in Jan when my lease was up and gave my notice and i even got my security deposit back. Moved out in Jan and there are two evictions on my report one in may that says terminated and another in July that says dismissed. How can i fix this? Also what does "eviction terminated and evictions dismissed mean" The apartment company is extremely sketchy and very hard to get ahold of anyone.
If I have an eviction that went to collections, but were to pay it off; would the eviction be removed?
A2AIf I have an eviction that went to collections, but were to pay it off; would the eviction be removed?No on two fronts — as far as your credit goes, the account that landed in collections will still show up, with a note that the account was either paid as agreed or settled for less than the full amount if you cut a deal with the collection agency. They’ll often offer to collect a lesser amount from you in exchange for setting you up on automatic ACH debits or payments in a chunk via credit card. This will show up whether you were evicted with a balance, or simply left at the end of your lease and trashed the place.As far as the eviction itself, that’s part of your public record, as it goes through the Clerk of the Court to be processed. Even if you’re only served an eviction notice that doesn’t go all the way to issuing a writ of possession, that first step that your landlord takes to file for an eviction in the first place will still be part of your record for all time. It doesn’t drop off in a certain amount of years. Some Clerk of Courts are free to do online searches through, and in some states you have to pay a small fee to be able to search, but it’s always there.That all being said, most landlords who do background checks have a reasonable cut off date for when they care about something that pops up during the search. For instance, it will make a difference if the eviction was a few months ago, or 10 years ago.Same thing with the charges that show up on your credit report — big difference between a $2,000 charge from a year ago that you refuse to make payments on, and a charge that shows up from 5 years ago that shows “settled for less than full amount”, which shows you did indeed try to make good on your debt.Prior to having the landlord run your background, ask them what their cut offs are, and be totally truthful about any evictions or blemishes on your record — they’ll show up anyway, but if you try to hide them, it irks people.