Can a landlord do this? - Landlord Forum thread

Can a landlord do this? by Sonia (NJ) on February 3, 2012 @20:33

I am a New Jersey Resident with a concern about a term in my new lease, it says that a tenant must continue to pay rent for the full term of the lease after they are evicted, including all the landlords legal expenses. Can a landlord do this?

Thank you for your response.

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Re: Can a landlord do this? by Jake on February 3, 2012 @20:47	[ Reply ]

"Can a landlord do this?" No. If the tenant did not pay rent while he was living in your rental, how much rent would a landlord expect he pay for a place he has no key to and has been evicted from...expecially when someone else is living there.

Re: Can a landlord do this? by Anonymous on February 3, 2012 @20:58	[ Reply ]

I am not in NJ but in GA but I can tell you this.... When I evicted my non-paying tenant, the judge allowed me to charge the tenant my legal feed - "Because it is here in your lease and they agreed to it". He also allowed all of my late fees....because they were in the lease. This may be unusual for many judges - and in other states. Bottom line is that a lease is a contract. If you signed it, you have agreed to the terms in that contract. A landlord can put whatever they want in a lease. When there are problems it becomes the courts job to decide what is upheld. Best thing if you are not comfortable with a clause ask to have it removed. Your landlord doesn't have to agree, then your only recourse is to move/not rent that place if you won't agree.

Re: Can a landlord do this? by LL (CA) on February 3, 2012 @21:41	[ Reply ]

The only thing a landlord cannot do is ask you to waive what is yours by law. I doubt the paying after you are evicted would hold up in court but paying his legal fees, absolutely yes.

Re: Can a landlord do this? by Anonymous on February 3, 2012 @22:03	[ Reply ]

If you are in the middle of a one year lease and get evicted the judge may allow the landlord to add in 2 months worth of rent since you are breaking the lease by not paying. So yes you could end up owing more in rent. Easy fix to that clause is to not get evicted and pay on time. If you are a good tenant that clause should not bother you in the least.

Re: Can a landlord do this? by Patse (IL) on February 4, 2012 @09:22	[ Reply ]

hmmm... so you're planning on getting evicted?

Re: Can a landlord do this? by MrDan (Georgia) on February 4, 2012 @12:50	[ Reply ]

The tenant remains responsible for payment of rent until the end of the lease term or the re-rental of the premises, whichever comes first. An eviction ends the lease. Also the landlord is said to have "a duty to mitigate" damages and to make every reasonable effort to re-rent the premises as quickly as possible. A tenant can not waived their rights under State laws by signing such an agreement.