Question:

Can they continue an eviction process even after i get out of the bulding?

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Here is my dilemmea, I had soem issues with my apt im in now so ive decided to move out. I found another building anf iM just waiting for a check before i can move in there. But Im not paying the rent here nect month even though i might be here for 2 weeks or less. Im using that money for a deposit on the new apt, which is already being held for me. The apt. im in now is holdiong 1100 dollars of mine which should be enough to pro rate my rent from there plus any damages. So lets say it does happen and they decide to evict me sicne im not paying rent here next month, if i move out still can they continue the eviction process even after im out of the bulding?

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4 ANSWERS


  1. If you are in a lease they can hit you for the balance of your contract.  They won't start the eviction process until you are a month late, normally.


  2. TO answer the question, yes, they can and most likely will continue with the eviction.  This is to ensure they get a judgment against you.  This is done for a couple reasons.

    One is that Security deposits are to be used for damages, not rent.  If you vacate the property without paying rent, the court ordered eviction becomes a judgment on your credit report.  This judgment then becomes legal damages to the landlord and he/she can keep the security deposit as payment for those damages.

    The second reason is that it will appear on your credit report as an eviction.  Many future landlords will not rent to you with an eviction on your record.

    Third is that the landlord will want to ensure that he/she legally takes possession of the property.

    I'd reconsider getting evicted.  It will hinder you greatly in the future.  With a judgment on your record you will not be able to ever purchase a house until it is satisfied.  With the eviction future landlords will not rent to you.

    Good Luck!

  3. They can file for an eviction if you do not pay the rent next month. In most states, the eviction can be filed after a 3 day Pay or Quit notice has been served.

    You do not have the right to use the security deposit for rent and the landlord has no obligation to apply it to rent.

    Regardless of how many days or weeks you will be occupying the apartment in August, you likely owe the full months rent. The landlord has no obligation to prorate the rent.

    If the landlord has already filed suit prior to your moving out, they may be able to continue with the case just to get the money judgment, which may include court costs and attorney fees because you breached the lease.

    Your actions are going to end up costing you more than the deposit.

  4. Yes they can, because you owe them money.   You can not use your deposit to cover unpaid rent.    The deposit is only for damages.

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