Fees after being Evicted

[CellBoo]

What is the name of your state? Ohio

Can a landlord of an apartment complex collect rent for remaining months on a lease when the tenant has been evicted and had to move?

 

[HomeGuru]

What is the name of your state? Ohio

Can a landlord of an apartment complex collect rent for remaining months on a lease when the tenant has been evicted and had to move?

**A: yes under certain circumstances.

 

[moburkes]

What is the name of your state? Ohio

Can a landlord of an apartment complex collect rent for remaining months on a lease when the tenant has been evicted and had to move?

Especially court costs. If you were evicted for nonpayment, since you broke the contract, then you are still responsible. If you were evicted because you are a criminal, and your LL no longer wants you as a tenant, then you are responsible.

 

[Hot Topic]

The wording on this is clunky, but it's more feedback on Ohio leases:

NOTICE FOR BREACH OF LEASE


Tenants must follow their lease and laws about how to act as tenants. If a tenant doesn't act properly, the landlord can give the tenant a notice to move. The time given to tenants may vary depending on the type of problem. Sometimes a landlord must give the tenant a 30-day notice and then a three-day notice before taking the next step in court.



The landlord must file an eviction case against the tenant in court in order to legally evict the tenant. After the case is filed, the tenant should receive court papers that say when the case will be heard in court. Hearings can be set very quickly.



The tenant should go to the court hearing. Do not rely on the landlord to drop the case even if the landlord says the tenant does not have to go to court.



The Court can give a tenant up to 10 days to move out. The tenant may be given less time.
If the tenant has not moved by this deadline, the landlord can have the tenant's possessions removed from the premises. A person called a bailiff or deputy sheriff, sent by the court, will be there to supervise this process. The tenant will usually not receive a notice that they will be set out. The tenant can call the Court to find out when the set-out is scheduled.



If the tenant wants to stay, the tenant should continue to pay rent. The tenant should also contact the landlord to discuss the notice and ask about the specific complaints. The tenant should try to correct the problem. The tenant also should let the landlord know that they want to stay and will not commit further violations

 

[OHlandlord]

Hot Topic, where did you find that? Some parts of it are incorrect, at least for my area of the state. If a tenant violates part of his lease the LL can give him a 30 day notice to cure the violation, a 30 day notice to terminate (OH does not force LLs to allow a tenant to cure in all cases), OR a 3 day notice to vacate. If given a 30 day notice to cure, the LL then must issue the 3 day before filing for eviction. If given a 30 day notice to vacate, the LL does not need to then give another 3 day notice prior to filing eviction. (The LL has already told the tenant to vacate and doesn't need to do it again.)

If the tenant does not show up for the eviction hearing, it will be granted to the LL automatically. A magistrate can actually give a tenant more time to move out if the court so wishes. Or they can give as few as 3 days prior to a set out. Here a tag is placed on the door after the eviction hearing saying a set out is imminent. This is the only notice they will receive. The set out can happen within as little as 72 hours of this notice.

The tenant may attempt to contact the LL about the notice. However, LLs here are advised not to speak to tenants after the evictions process has begun, so don't expect a reply. The time to agree not to commit any more violations of the lease was before the eviction was filed with the court. Do this as soon as you receive a 3 day or a 30 day notice. Don't wait until the case has already been filed. Once filed, it automatically goes into the court records, even if later withdrawn. Any future LL will see that it was filed against you.

Finally, to answer CellBoo's question. It depends on why you were evicted from the apt. complex. Sometimes, eviction ends your obligation to pay future rent remaining on your lease. But in some cases it may not. Why were you evicted?

 

[CellBoo]

This eviction is for non-payment. The landlord won the eviction since the tenant never went to court and now the landlord is trying to get money for the remaining months of the lease.

 

[moburkes]

This eviction is for non-payment. The landlord won the eviction since the tenant never went to court and now the landlord is trying to get money for the remaining months of the lease.

Legal. Except that the LL has to attempt to re-rent the property to mitigate his losses.

 

[OHlandlord]

For non-payment evictions, the LL can recover any past due rent, plus late fees, NSF fees, court costs, etc. In my area the magistrate holds that a non-payment eviction ends liability for future rent payments. Contact the local court to see if your liability for future rent ended with the eviction in your county. Here, once I evict for non-payment I cannot hold a tenant liable for future rent. Only if I evict for lease violations, in some cases I am allowed to hold a tenant liable.