Re: Evicted, now want unpaid rent for lease dates

Posted by Taziblue (65.229.184.54) on June 16, 2003 at 14:26:22:

In Reply to: Evicted, now want unpaid rent for lease dates posted by Namotco on June 16, 2003 at 11:36:44:

I would suggest that you first read your rental agreement. What did you agree to when you signed the lease?

I don't know where you were living but it seems unlikely that the apartment was empty for five months after you left. The law requires the injured party (landlord) to mitigate the damages..i.e. try to re-rent it after you were evicted. If sued, you could try to make them prove that they were trying to rent it to someone else.

I would try to find out if anyone moved in after you and if so when. You might want to go back and speak to your neighbors.

If the apartment was rented during any of the months in question, then you would not be responsible for the rent for those months. The law calls that unjust enrichment. They can not collect twice.

I suggest you read the landlord tenant laws for your state and see what they say about your situation. Some states have very specific laws and others do not. Also, visit the law library at the courthouse and ask the kindly librarians to direct you to case law on the subject. You may be in a better position than you realize.

Since they evicted you, they might not have a claim for additional rent. See if there are any attorneys in your area that specialize in landlord-tenant disputes.

As has been suggested elsewhere on this board, do not speak to them. Whatever you say will be used against you and twisted around. If you feel compelled to communicate with them, do it in writing.

Remember, this is a cost-benefit decision for the landlord. If it is going to cost money, they may drop it. At this point, it is a small cost to them for the lawyer to write the letter.

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