If I skip my last months rent, can my landlord sue/file eviction on me, or are they legally obligated to use my deposit before that?
Absent specific contractual terms, I don’t believe that your landlord is going to be obligated to engage in self-help and use your deposit (which is insurance against apartment damage) as a de facto final rent check. There are certainly landlords who do this (I once rented a house that was being remodeled after I left, and my landlord took the security deposit in lieu of a final rent check because adhering to the literal terms of the lease was pointless), but voluntarily agreeing to do something is different from being legally obligated to do something.The truth is that you have almost certainly breached your lease. Your landlord is entitled to a set number of monthly payments plus a security deposit, so your failure to pay your rent as agreed is a problem. As a practical matter, considering that your landlord is holding a month’s worth of rent, it would be difficult to see how she could claim to be damaged (assuming your claim of no damage to the apartment is correct), so it’s likely not worth anyone’s time to bring a lawsuit. However, you describe the landlord as a “notorious slumlord,” and generally speaking, slumlords tend to be a litigious group, that is, the kind of people who will bring the occasional weak lawsuit in order to scare other people into compliance or prevent them from asserting legitimate claims. A lawsuit brought against you would be time-consuming and expensive, and could have a long-term impact on your creditworthiness. It’s not a risk that someone in your situation should likely be willing to take.Your offer of compromise was reasonable, and I think your landlord is being ridiculous, but unfortunately, your landlord has the right to be ridiculous. I’d pay my rent and then work like hell to make sure my deposit was refunded in full ASAP if I were in your shoes.
If my landlord is evicting me, do I still have to pay rent?
First of all, I am so glad that I am being evicted. I hate my property and have been trying to get kicked out for a long time. Finally I come home one morning and the eviction notice or "notice to quit" is on my door. The landlord put it there on November 16th when we had made previous arrangements for late rent to be paid on November 20th when I got paid. So I think she thought it over and would just rather have me out on the street than be paying rent late. So in this case, do I still have to pay rent and continue to pay rent until the eviction date specified on this paperwork (Dec. 16th)? I don t want to stop the eviction process under any circumstance.
How can I find a tenant attorney? My landlord is trying to evict me. Her reason is that I made too many complaints. This feels retaliatory to me.
Your local attorney general’s office usually has resources dedicated to landlord/tenant issues. There you can typically find info on local housing resources and advocates. You can also call your local bar association and ask for the names of attorney’s that handle this type of work. They may also have knowledge of local pro-bono work attorney’s.You can also Google local real estate attorney’s, many will give a free consultation with you and review your legal options. Bring your rental agreement, any correspondence with your landlord and log of all calls, complaints etc. If they themselves don’t handle this type of work they may be able to give you a referral to a few attorney’s they know that specialize in this type of work.Hope this helps
Can an eviction hearing still take place if the tenant voluntarily ends their tenancy in the property?
Yes, an eviction hearing in Louisiana can, and should, take place even if the tenant has voluntarily ended their tenancy.This would usually occur if the tenant still owes money as part of the lease (e.g. past due rent, future rent payments, penalties and other associated lease charges). The landlord, in my opinion, would be advised to do so because the eviction, should it be granted by the judge, would then appear on the individual’s legal record. The court process would adjudicate the amount owed by the defendant and an amount required for settlement would be entered into the public record.Since the proceeding is a public proceeding, this process also enters an adverse judgement into the public record for other landlords to check when evaluating a potential tenant. This is not something an individual would want to occur, as it could severely limit future leasing options and make the tenant a “high risk” tenant. High risk tenants will always pay a higher lease rate than a lower risk tenant.As a result, it is worthwhile for a tenant, who finds themselves in such a position, to come to an agreement with the landlord/property manager, on structuring the balance due into a payment plan that is agreeable to both. The agreement should also cover the surrender of possession of the property and any arrangements as to the application of the security deposit. You probably will not find many landlords willing to do this, because they loose leverage over the tenant. That leverage is dependent on the signed lease, and not a signed agreement. A tenant’s failure to pay such a signed agreement cannot be adjudicated as an eviction, and, in many instances, will not show up when other landlords search eviction records. All these play a role in the landlord having some leverage over the tenant.In situations involving eviction, it is best to have a face to face heart-to-bank-account talk with the landlord, and see if there is something they might be willing to cooperate with the tenant on to keep the case from going through eviction. Then, not only do that to which you have agreed, but go above and beyond what is required to make this right. Your credibility is in the balance and it could have a significant impact on your leasing/living options in the future.
How long can you typically go without paying your apartment rent if you got a 3 days notice to pay the rent or get out?
I assure you that not paying your rent is one of the worst decisions that you can make. Your life will not be the same after an eviction. It can be a very traumatic experience.Every state is going to have slightly different eviction laws but here in Ohio my company has a very large rental portfolio in the Cleveland area and this is how we handle tenants who do not pay rent.Rent is due on the 1st.Rent is late on the 2nd.We call tenants 3x day from the 5th through the 10th.We put up 3 day notices on the 10th.After the 3 day notices we file for eviction. Once we file we will no longer accept rent. At this point the non paying tenant can't pay or get out of the legal ramifications of their actions.We win the court eviction and get a write to regain possession of the property. The eviction remains on your record for life. It will be incredibly hard if not impossible to find another landlord willing to rent to you.We send in the bailiffs (guns drawn) to the home. If you do not open the door they kick it in and forcibly remove any occupants living in the home.Everything that the tenant owns is placed on the curb by a moving crew. They can clear out an entire home in about 2 hours. They are not vary delicate with your possessions. Everything stays on the curb until 5pm. Scrappers and thieves usually come by and steal anything of value. At 5pm we bring a dump truck and load up everything that is left and take it to storage. After 30 days in storage we take it to the dump.After all of the above a non paying tenant can also expect the following to happen.We take you back to court and sue you for back rent, legal costs and damages.We garnish your wages until all debts are paid off.As you can gather from everything above being evicted is a terrible experience that is 100% preventable by you. Don't be stupid, pay your rent or move out of your landlord's property you are only hurting yourself if you don't.For more information on evictions take a look at the LIVE video of one of my company’s evictions below.Have more Real Estate related questions? Let me know! Follow/Subscribe & simply ask. I will make you a FREE video reply. #AskJamesWiseFollow me on InstagramSubscribe to my YouTube ChannelWould you like access to a FREE list of the most profitable Real Estate Investments in the USA? CLICK HERE FOR ACCESS!
Stopping an eviction?
Are there any other ways to stop an eviction besides the usual payment. The trouble is that first, I am about to be evicted from my current apartment for non-payment of rent. (I had a hard time for the last few months), second, I am about to move anyway, but my new apartment is not ready yet. Third, my mother is not going to let me come back home, so I have nobody else and I refuse to be homeless.
What can a landlord do if a tenant doesn't pay rent here in California?
We're going through a tough situation right now. We live in an apartment in Los Angeles, California. We pay our rent during the first five days of the month, but this month a series of events occurred (they're very personal, so I don't want to specify) that prevented us from being able to pay the rent this month. At first, we were like "ok, we'll wait couple of days before moving out." We had actually been planning to move out for a while before that. We talked to the manager and asked him to ask the owner of the building if he could let us stay a couple of days while we found some place to move. Now, I know that sounds pretty dumb because obviously we couldn't live there for free, but we at least expected a three day notice to evict the apartment. The following day we talk to the manager again and he tells us that the owner denied our request, and that if we don't leave by tomorrow, they will change the locks on the doors. I'm a little fuzzy about tenant and lanlord rights, so I think he can't do that (at least not until he gives us a notice), but I'm still not sure. So here is where I need your help, and I need it as soon as possible. Can you please tell me what it is a landlord is supposed to do by law when a tenant doesn't pay the rent? And what are my rights as a tenant. Your help will be appreciated greatly. Thank you!
Eviction laws in Nebraska???
Iam currently up to date in my rent but can only afford to pay $75 towards April rent. Im afraid my landlord will be upset and evict me. How long will I have to move if he does evict me? I have one child and am very concerned! Will I have just 3 days? Or will I get atleast 30 days? Please any advice u may have will make me feel soooo much better! Thank u
"Help" landlord locked me out of my place! I live in california and have a month to month agreement
on 11-02-2006 when i went to pay the rent she would not accept it and told me i needed to move out. I have never recieved any written notice at all. this morning I left to go to the doctor and when I returned to my place the locks had been changed,I asked the manager what was going on and he told me the landlord told him to lock me outand trhat he was sorry but he couldn't let me back in. what can I do all my things are in there and now i'm on the street. help