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Can a landlord file eviction after you give 30 day notice to leave?

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posted on May, 21 2019 @ 09:14 PM
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So I live in a rental unit with a month to month lease been here about 5 years.

I'm moving at the end of the month and gave my landlord 30 days notice (noterized).

I paid a double deposit upon move in thinking that it included last months' rent.

My landlord is telling me now that the double deposit does not cover last months' rent ( security deposits are a huge scam where I live no one EVER gets them back) and that they will file an eviction against me even though I'm returning the keys to them in 9 days.

Last months' rent disagreement aside, can you file eviction against a tenant after they have given their notice of intent to vacate?
edit on 21-5-2019 by abe froman because: EDITED TO ADD: I'M NOT CONCERNED ABOUT THE SECURITY DEPOSIT. I JUST DON'T WANT AN EVICTION ON MY CREDIT REPORT.




posted on May, 21 2019 @ 09:22 PM
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imo - landlords don't care. They own the property, anything you do there could potentially land them in court... so you essentially have no rights. they own it, you're out of luck.

fwiw I'm renting at the moment... and never will again.
the whole idea is criminal... and it didn't exist until after the banks stole everything from everyone



posted on May, 21 2019 @ 09:24 PM
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a reply to: abe froman

Month to month usually means no lease. No lease means the land lord can evict you any time they want but it seems you will be out before they can effect an eviction.



posted on May, 21 2019 @ 09:25 PM
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I thought they could only charge one month rent amount as security deposit, and then they could require the first and last months rent at the time you rented the apartment. So, that means you do not have to pay the last months rent in that case. Landlords rarely give back security deposits these days. I would check if he could legally charge two security deposits in your state. He is evicting you so he can keep both deposits.

I know how it is around here, but not in other states. Also pet deposits and sometimes cleaning deposits can be charged, it has to be written in the lease exactly what deposits are. Do you still have your copy of the lease?



posted on May, 21 2019 @ 09:28 PM
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a reply to: abe froman

PS if you signed any documentation when you moved in that paperwork should stipulate what the deposit covered.



posted on May, 21 2019 @ 09:28 PM
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a reply to: rickymouse

Some landlords want to charge 4 months rent. And when the rent is $2,500 a month. Well it's just a scam.

Check your lease agreement. And tbh. Let him try to evict you. You're leaving anyways. Won't matter.



posted on May, 21 2019 @ 09:32 PM
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Move your valuables pre-emptively to a storage unit.

Then if he somehow gets an eviction enforcement, you won't care about your old furniture and non-valuables.

It usually takes so long for eviction enforcement, unless they "know somebody" you're probably good m8.

Storage units are cheaper than rent, and he could not legally gain any rights to a separate unit you had paid for.

edit on 21-5-2019 by Archivalist because: Advice



posted on May, 21 2019 @ 09:34 PM
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a reply to: rickymouse

I'm not really worried about the security deposit or anything like that.

My question revolves around this: I gave a noterized 30 day notice of intent to vacate to my landlord on May 1st with a move out date of May 30th.

Today my landlord e-mailed me with a threat of eviction if I don't pay Mays rent.

Will the court even entertain this?

How can you file eviction on a person that has already told you they are leaving?

(I'll be moved out for a month before a hearing would even be scheduled)

It's like,

" I quit!"

"You can't quit because you're fired!"



posted on May, 21 2019 @ 09:38 PM
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a reply to: abe froman

In my experience renting, over 10ish years now, its cheaper in all cases to spend 200$ or so to hire professional cleaners to come do a deep clean as well as replacing things like stove drip pans. Total I spend about 300$ to get back whats usually a 500-800$ deposit.

The reason you use professionals is you can get a receipt detailing what was done...along with pictures and replacing a few common things they are for sure going to charge for, you are able to prove you paid for the expenses they intend to over charge you for and thus either they aren't dumb and won't charge you or they do and you can take them to court...which ends with them getting legal involved and once they see you documented it all they will drop it. That's the best I got for ya. Hell sone places here in Nashville offer a move out cleaning fee of like 95$ and you get full deposit back as long as like no holes in walls or broken #.
edit on 21-5-2019 by RickyD because: (no reason given)



posted on May, 21 2019 @ 09:41 PM
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a reply to: RickyD

Not concerned about the security deposit.

I don't want an eviction on my credit record.



posted on May, 21 2019 @ 09:41 PM
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Sounds like the landlord is a scumbag. Do whatever you can to screw this landlord over.



posted on May, 21 2019 @ 09:44 PM
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a reply to: abe froman

In that case you need to lookup your states rental laws and ensure he is legally able to charge you a double months rent for a security deposit. Likely not. If so though you need to make sure your place is professionally cleaned and fixed up to get most of that back.

It's possible they are able to make you pay that rent payment...but then you should be able to get a good 70% of 2 months back.



posted on May, 21 2019 @ 09:45 PM
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a reply to: abe froman

If you have not paid your May's rent due, they can file an eviction to collect their rent due in most states. Not an attorney, but this is general knowledge. Not sure why you would pay a double deposit unless you were told to do so in the beginning maybe due to prior credit issues, etc. Normally that is to cover potential damages, but many times it acts as additional collateral so to speak, to cover you as a higher risk. Rather than assuming it would cover your last month's rent, you should have asked.

That's water under the bridge however at this point. You can certainly ask them now if they can take the last month's rent out of the deposit, and that you will sign a document to that effect, and leave the apartment spotless, without any damages, and that might work. (Take photos and have a witness there if possible)

Most states have specific rules and regulations regarding deposit returns to former residents. Look yours up on the net. Landlords can not just keep the deposits without providing specific details as to the breakdown of charges without risking going to court. And if successful, former residents can win court costs, the original deposit back, and sometimes treble damages equal to three times the rent. And again, many times this can be done in a JP type court without attorney rep if the judges in your areas allows it.

Remember if they file an eviction against you, and are successful that will result in a judgment, effects your credit for at least 7 years, and goes into a state, and sometimes nationwide database of evictions, making it harder to find an apt
either immediately, or somewhere down the line. It will also rule out many jobs in the financial or insurance fields.

Take steps immediately to straighten this matter out, even if you have to pay the rent due for May; whether that is right or wrong in your mind does not matter at this point. You can always let a judge, or even jury of your peers decide later who was correct after you receive or don't receive your deposit back.

Wishing you the best.



posted on May, 21 2019 @ 09:48 PM
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a reply to: Shockerking

I don't hate the landlord (rental company,actually) but they have done some shady stuff.

Like when I rented the apartment we had a swimming pool.

Right before summer last year they drained it and filled it in with concrete, no more pool


Then they raised the rent


Then they got rid of our on-site maintenance man.

Also every summer we have a massive ant infestation.

It's already so bad I can't even put my cat's food on the floor.

However it's a great neighborhood and the rent is reasonable.



posted on May, 21 2019 @ 09:53 PM
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originally posted by: abe froman
a reply to: RickyD

Not concerned about the security deposit.

I don't want an eviction on my credit record.


So his issue is that you are not paying Mays rent correct?

A double deposit is not rent payment for the month you are still living there.

I don't know about other states but of we take photos when we move in and return the place in the same condition they have to return the deposit.

Now many landlords ask First/Last and Deposit. In that case the rent is paid for the last month and the deposit is always a separate issue. it is held for any damages and does not include normal wear and tear.

I would think you could not be evicted with being that much past due on rent it would be listed as a non payment of rent only after the month was over and he could claim for the late rent but not eviction.



posted on May, 21 2019 @ 09:56 PM
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originally posted by: abe froman
a reply to: Shockerking

I don't hate the landlord (rental company,actually) but they have done some shady stuff.

Like when I rented the apartment we had a swimming pool.

Right before summer last year they drained it and filled it in with concrete, no more pool


Then they raised the rent


Then they got rid of our on-site maintenance man.

Also every summer we have a massive ant infestation.

It's already so bad I can't even put my cat's food on the floor.

However it's a great neighborhood and the rent is reasonable.
Sounds to me kinda what i am going through in ways. I live in a mobile home park, 2 years ago they raised the rent $35 after the park was resold. they said it was for improvements and such. Then a few months later it was resold and the rent is still $35 more and now they took away the front gates and security.

It's the corporations buying these places out and cutting cost's. This needs to be a another thread imho. It's BS!



posted on May, 21 2019 @ 10:02 PM
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a reply to: Shockerking

I actually saw a news report about that.

Corporations are buying up mobile home parks and (sometimes illegally) raising the lot fees while at the same time

cutting back maintenance and amenities.



posted on May, 21 2019 @ 10:08 PM
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a reply to: SeaWorthy

I agree that it would seem that they could be able to sue me for non-payment of rent but, not for eviction as I've given

30 days notice.

However , real estate law isn't my strong suit.



posted on May, 21 2019 @ 10:15 PM
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It's called "retaliatory eviction".

Do you have proof that you gave him last month's rent?

Did you legally provide enough notice?

Check the laws in your state.

You may be able to file an early report.

Worst case, you'll have to sue for damages.

Your legal fees will be covered though, if you win.

edit on 21-5-2019 by SpiritGarden because: (no reason given)



posted on May, 21 2019 @ 10:18 PM
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Since it cost a little money to file eviction papers and you have already given your notice, I suspect the management company has some other problems and they are covering their ass.
If your county has a Clerk of Courts website with public records. You might check to see what sort of history the Mngt. company has. I know it wont help with any credit reporting but at least you will know what's up. Maybe if they know that you are not going to sue them they will back off.



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