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If evicted by judgement is a lease terminated?

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Daneg03

Junior Member
What is the name of your state (only U.S. law)? North Carolina
My landlord took me and my roommates to court and won. The judgement was made that we pay the back rent and we are evicted. My landlord is now trying to make us pay the rest of the rent while we don't live on the property because we are evicted. Because he evicted us, does that mean the lease is terminated? I don't see how this is fair what so ever...
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? North Carolina
My landlord took me and my roommates to court and won. The judgement was made that we pay the back rent and we are evicted. My landlord is now trying to make us pay the rest of the rent while we don't live on the property because we are evicted. Because he evicted us, does that mean the lease is terminated? I don't see how this is fair what so ever...
Your landlord cannot collect on rent that would have been due on the lease if you remained for the full term of the lease after you have been evicted (the lease is terminated by eviction), but the landlord can evict you and collect on what was owing in rent up to the date of eviction.
 

Daneg03

Junior Member
Re:

Your landlord cannot collect on rent that would have been due on the lease if you remained for the full term of the lease after you have been evicted (the lease is terminated by eviction), but the landlord can evict you and collect on what was owing in rent up to the date of eviction.
Is this for all states? If not is it at least for NC.
 

quincy

Senior Member
Is this for all states? If not is it at least for NC.
After the entry of judgment in an eviction, a landlord cannot recover possession of the property AND collect rent for the balance of the lease term. The tenant is no longer a tenant after eviction.

To my knowledge, that holds true for all states but, if someone knows of a state or circumstance where this isn't true, they will probably let us both know. :)
 

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