Question:

Evicted 4 paying rent late. Paid my rent and moved, to be told that my eviction notice is void 4 paying rent?

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I was to be out on Aug 20, which I was (now Aug 22).Apparently I am still on the line for September's rent and am still bound into my lease until December because of the void eviction notice. I have a $1000 lease break penalty on my lease and my rent is $895 a month. Would it be better for me to not pay my rent and chance being evicted for next month or just to break my lease? Like I said, I am living elsewhere now. Also, I know that it depends on the contract, but do you usually get your damage deposit back for an eviction? How about for a lease break? I have another $600 on the line for my DD and if I was to get it back for either of my two options it would clearly be the best one for me. I am new to this game and I a just looking for a little bit of guidance here.

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  1. .   This is interesting.  When the judge grants the eviction, he reminds the landlord that the tenant can stay if the tenant pays up all the back rent and the court fees.  Tenants never pay up.  But you are willing to pay.  

    You must hand over the money to the landlord but demand a letter terminating your lease before you hand it over.   You write the letter in 2 sentences on a plain piece of paper.  If you don't do this, you have "reinstated" your lease and now you are a tenant in good standing.

    Your letter would say what you wanted done with the security deposit.


  2. Were you evicted through the courts or did you receive a Notice to Quit?

    You will end up losing $$$ either way.

    An eviction on your rental history will make finding decent rentals very hard in the future. Most landlords will deny renting to those that have previous evictions.


  3. Did you receive a notice stating that your eviction was voided. if not, contact your leasing agent, explain why you moved out, and that you never got a notice about the voided eviction, and that you won't be paying any more rent. You may have to pay the lease break since you were evicted.

    If you reived the voided eviction notice, and still moved out, they you are obligated to pay until they get that unit rented. **NOTE** They must make an effort to rent this unit (I.E. News paper ads, TV advertising, word of mouth, etc) If they didnt, and cannot show you documentation of this, sue them. Good Luck. Renting can be tough if you're new at it!

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