If Evicted Will I Still Be Responsible For The Remainder Of My Lease

If you are evicted are you responsible to pay the rest of the lease?

A 30 day notice is afforded to paying tenants at the end of their lease....NOT non-paying tenants. You either leave on the 19th or risk being escorted to the curb by the sheriff's office.

And yes...you can still be sued (even if you leave) for the remaining term of the lease or for rent until a new tenant has been found. You can also be sued for back rent, late fees, court costs and attorney fees.

Either CURE your lease default by the 19th...or move out.

Is eviction and termination of lease the same? (IL resident)?

So when we moved into out apartment, our lease said no pets but the landlord told us it was actually ok and that the neighbor upstairs and next to us had dogs. We had made sure because we wanted a cat. Well months later, we asked him again and he told us it was fine. Well come four months later with our cats, he leaves us a lovely little notice that we have ten days to get rid of the cats.

"You are hereby notified that in consequence of your default in having a cat in the premises, contrary to the terms and provisions of the lease between the parties, you have 10 days to remove the cat and verify its removal with the landlord. In the even that you fail to remove the cat within that time, the landlord has elected to terminate your lease, and you are hereby notifieed to quit and deliver up possesion of the same to the landlord with 10 days of this date.

In order to cure your default, you must, within 10 days have the cat removed from the premises and notify the landlord of said removal and contact our attorney."

Now, I can't deal with this guy. Granted, I know it was stupid of us to not get it in writing however, is there a way for me to get out and lose as less money as possible. I have a feeling we're going to lose the security deposit regardless so I kind of don't care and my cats mean a lot to me and I'm so disappointed in him considering we had a good relationship with this landlord...I just dont want to be there. I'm wondering if we dont remove the cats in those ten days and we pack all of our stuff and leave (we already paid this month anyway) what else is in this process? Do we owe the rest of the two other months? Is it the same as an eviction? Will it showup on our credit? If i know its possible, I'd like to leave within the next ten days.

Thank you!

PS the landlord NOW told us that those other people had their pets written in their lease....

Can you still be evicted if you vacated a unit before your lease is up in CA?

A landlord only needs to file for an eviction order to get a tenant out of the place. Since you are already out there would no sense in filing for an eviction. It would be a waste of court time and money.

If you owe money for breaking your lease then a collection agent will be hired to go after you as well as a small claims court lawsuit filed against you.

As far as what will be on your "record" is concerned I do not know if this would show up on your credit history if you make good on paying what you owe. Also, when you apply for a new place you will not be able to give your old place of residence address so you would have to lie on the application. Eventually this may all come back to bite you. Pay up and call it a day.

Edit: How can they place an eviction on your record? You were not evicted. You were not forced out. That is what an eviction is. You left voluntarily. What will go on your rental history is that you broke your lease agreement by leaving early. If you end up not paying what you owe then it is likely your credit history will become involved and that is as good as having an eviction put on your record because any future landlord that does a credit check on you will know what you have done.

Edit: NO Heartbroken...you cannot have an eviction put on your record since you were not evicted. If you are worried that the landlord can go and file for an eviction order the answer is no because there is no one to serve the eviction order to! You have already moved out. Think about it and let some common sense prevail here. Many tenants avoid being evicted by moving out before an eviction is filed. Before a landlord can apply for an eviction order he must serve the tenant with an eviction "notice". These are different. One is a notice telling the tenant that he/she must move out. It can be appealed if the tenant chooses to. An eviction order is the end of the line. It means the court has ruled in favor of the landlord and it would appear as an eviction against you. A court will not listen to a landlord who has not served his tenant with an eviction notice first. Since you already took off the landlord could not do this. Give it some thought and let things percolate a little.

Help me explain difference between breaking lease and eviction?

If your friend does not pay, he will be breaking the lease by not adhering to the terms and conditions of the lease. The landlords remedy for non-payment is to file a non-payment of rent complaint and be returned possession of the unit.

That means your friend would be evicted.

In 99.9% of the USA, non-payment complaints only handle the possession end and a landlord is not awarded a monetary judgment. They are awarded possession. In a very few areas, a landlord is awarded a monetary judgment.

Most landlords who are owed rent will go after the tenant in small claims or civil court for a monetary judgment. Your friend could have his bank account seized and his wages garnished. Very few landlords are willing to take a loss, and will do everything in their power to recoup the unpaid rent.

Non-payment evictions rarely take months. I have seen it happen though, and it is almost always because a landlord filed incorrectly, failed to properly register the building, etc ....

Most non-payment cases take anywhere from a week to a little over a month from start to finish. In general, the more urban an area you live in, the longer the process.