Eviction or move out on my own,,,,

Question

I have a question... i am looking into apartments and am wondering about an old living situation... k i was at this place and they had me sign a month to month lease.. i was there three years.. and the only time i ever signed any agreement with the place was the day i moved in... K 2 years and 11 months later i decided enough was enough and moved out... problem was i withheld last months rent and they said they were going to try to evict me... however i moved before that could happen... so my question is 1 can they stick me for moving out without motice if i moved by the first of the month and question 2 .. is an eviction on my credit report if i was never served or never orderd to court or anything,,, thanks all ..

Answer 1

Yes, by law they are entitled to a 30 day notice and last months rent.

They can "evict" you after you leave if you owe them money, which you did.

They have to TRY and serve you, if they can not find you they mail it, you get 10 more days to respond.     You very well could have been served and avoided receiving it, so the hearing went on w/o you.   You lost since you were a no show.

You have to check your credit report to see if this actually happened, we can not guess.   I can only tell you that it COULD have happened.

Answer 2

Month to month does not mean your lease is up after one month. It means your lease automatically renews every month, and you must give the notice required by your lease before you move out. Normally this notice is 30 or 60 days. Everyone else has been correct on the way the judgments work. If they sent the debt to a collector, you may find it hard to get a new place.  

Answer 3

First off, evictions do not show up on credit reports - money judgments do. Evictions show up in court record and background checks.

You had no right to withhold the last month's rent. They could have reported the rent owed as an unpaid debt to the credit bureaus, though unlikely.

Yes, you are required per your state's landlord tenant laws to provide proper written notice. If you did not and did not pay the rent, they can sue you for the month you withheld, as well as the rent for the next month due to no notice.

Answer 4

They needed to do the eviction so that they could take possession of the apartment legally.  If they didn't do so, you could have showed up later and sued them for entering your apartment.  Of course, you would never have done that, but they don't know.  So the first part of your question is 'did they get a court judgement against you?"  That would show up in your credit report.  You could find out at the Superior Court website for the county that the apartment was in.  Call them if there is no website.

Part 2 is that you didn't pay the last month rent.  Which wrecks your credit because it is proof that you don't pay your bills. The landlord does not have to go to court to do this. Either you paid or you didn't.

Part 3 is that neither of these things happened.  Your credit is clear .  You still owe that last month's rent, tho.  /

Answer 5

A month to month lease generally means that either of you have to give the other 30 days notice to move.  Nothing more unless it is in that lease.  Usually you sign a lease for a term longer than 30 days adn then the lease is for that time.  And usually if you aren't on a lease, it is considered a month to month tenancy.  So you screwed them out of a month's rent and didn't give notice.  If they didn't make any claims against you, then it isn't on your credit record.  If they did, then it is.  Just apply at a new apartment and see if it turns up.  If it does, just say you had an emergency and had to move quickly.  The new place may ask for a larger deposit and that's about it.  If it doesn't show up, then you're home free. . .except that when you move out without paying rent is actually stealing.   You took something and didn't pay for it.  Doesn't say much for you, does it?

Answer 6

Go back to your lease and review it. If you are required to give a month's notice and you didn't then you are in violation of that agreement. I don't think they can evict you since you have already moved, but they can demand an additional month's rent.

You should also look up the landlord tenant act for your state and get an understanding of your rights and responsiblities.  

Answer 7

You really should have educated yourself on the law before you decided to break the law.  

1.  Month to month leases do not expire unless notice is given by either party.  Check your lease, I'm sure it states that the lease renews itself on a monthly basis.

2.  If you failed to give proper notice...usually 30 days in most states...then yes, they can sue you.

3.  If you failed to give them your forwarding address...the court process may have taken place without you knowing....so yes, you may have an eviction of your record.