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sued for remaining rent after sued for eviction?

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lanse72

Junior Member
What is the name of your state? Indiana (west lafayette)

I'm being sued for eviction and they list how much the current damages are. in a seperate letter (from the filing)they claim that even if i get evicted that im liable for the remaining lease portion.
can the landlord sue now for eviction and current damages and then sue again at a later date for the remaining portion of the lease?


thanks for your time.
 


longneck

Member
theroretically, yes. an eviction is not a get-out-of-your-obligations-for-free card. your LL can cahrge you for rent lost during the time you are removed until a new tenant moves in. and if they play their cards right, you are 100% responsible for that lost rent.
 

lanse72

Junior Member
ok...i tried working with them from the start of learning i couldnt stay the whole term. i paid a 200$ lease reasignment fee 2.5 months before finally submitting my 30 day notice, so i paid 4 months while they knew my situation. also i checked when i paid the reasignment fee and when i left and the occupancy rate went from 80 to 100 percent. doesnt this show to the judge i actually tried to mitigate their loss???
 

south

Senior Member
Tried working with them does not escape the fact you are liable for the full term or until they find a new tenant suitable TO THEM not you.

A judge could not care less what 'you tried to do' and could not care less what 'your personal situation is' he is only interested in what you are liable for.


lanse72 said:
ok...i tried working with them from the start of learning i couldnt stay the whole term. i paid a 200$ lease reasignment fee 2.5 months before finally submitting my 30 day notice, so i paid 4 months while they knew my situation. also i checked when i paid the reasignment fee and when i left and the occupancy rate went from 80 to 100 percent. doesnt this show to the judge i actually tried to mitigate their loss???
 

lanse72

Junior Member
obligation?

state = indiana ,,,,,west lafayette


so i guess my question is, when does this "obligation to mitigate loss" for the landlord come into play?
i tried to mitigate their loss myself 4 months prior to moving out and they did nothing while their occupancy rate rose.
 

lanse72

Junior Member
reasignment fee

as far as the lease reasignment fee.

they said this was a requirement in order for them to let people know that my rooms were available.
since the occupancy rate increased to actually 100% do i have a counter suit for them not fullfiling what i paid 200$ for?


they stated this was due to how much it cost them to fill a vacancy. i can definately understand this but what i dont understand is giving this fee and not having my rooms filled. Since the occupancy rate increased they definately found renters that met their "requirements".




thanks again for your time.
 

south

Senior Member
They are not required to except any old person knocking on the door and besides the sound of it this seems like the people knocking on the door were not suitable...


lanse72 said:
Since the occupancy rate increased they definately found renters that met their "requirements".




thanks again for your time.
 

lanse72

Junior Member
any person?

state = indiana


i realize that they are not required to accept 'any old person that comes to the door'
my point is that i paid them 200$ for lease reasignment (is this not an implied contract!)

and their occupancy in the apartment buidlings went UP. just for the fact the occupancy rate went up proves they found people that met their "REQUIREMENTS" and they didnt have to accept 'any old person that came to the door'.

so i basically paid them money for a task they didnt do when they had the new renters to do it. (new renters who were obviously up to their rental standards or the occupancy rate wouldnt have went up)
is this not grounds for a counter claim???????????????????????
 

longneck

Member
in my humble opinion, you might have a claim. anyone can sue anyone for anything in this country. the question is will you win. in your case, the answer is a definite maybe.

was the apartment vacant that whole time, or had you moved out?
 

lanse72

Junior Member
stinks

this is what stinks about the whole situation.
i paid the 200$ april 14 thinking that in good faith they would attempt to use it to get someone in there. i found out then that their occupancy rate was 80 to 85 percent.

i went back about 2 months later and found out that the occupancy was 100%.
at this point i figured they weren't attempting to get anyone in there either through incompetance or the buaracracy created by the company.

so i gave them my 30 day notice july 31st and gave them the keys aug 14th exactly 4 months from paying the 200$ they SAID they were going to use for reasignment.

so ive been out since 8/14 with 8/31 being my official last day.

am i correct in assuming since they accepted the 200$ this was an implied contract?
 

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