tenants gets evicted for non rent payment - Landlord Forum thread 353861

tenants gets evicted for non rent payment by BARB (NC) on August 16, 2017 @13:15

Tenants gets evicted for non rent payment 3 months gets a 10 day notice to surrender home judgement against her by the courts! She makes claim to magistrate when would she get her security deposit back? Magistrate states after 30 days providing there's no damages and home is cleaned? How is she entitled get security deposit back after stay in the home for 5 month on a 12 month lease?

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Re: tenants gets evicted for non rent payment by Anonymous on August 16, 2017 @13:35	[ Reply ]

dont know your state but: 1. most judges want both LL and tenant of of their courtroom and move on to next case. 2. security deposits, damage to unit and financial damages are for another cause of action in another lawsuit in another courtroom. 3. LL has a duty to mitigate damages which means get the unit turned around mareketed and rented. Maybe you'll get one or a half month damages for breech out of the security deposit,...be happy IF YOU GET THAT. 4. IF YOU ASKED IN ORIGINAL CASE for back rent due,...that shouyld have been awarded as part of the judgement

Re: tenants gets evicted for non rent payment by Katiekate (New York) on August 16, 2017 @14:11	[ Reply ]

Magistrates, marshals, other officers of the court just want to defuse and end each situation. He isn't going to confront her over this...why would he? Just get her to leave quietly is his entire goal. So...you should read your State laws...but, loss of rent money is a damage that the landlord is entitled to offset with that damage deposit. This tenant will likely end up owing you a lot of money...but, be comforted in knowing that what the magistrate said might get your unit cleaned up!! That would be a bonus. Make sure you have good record keeping, and lot of pictures. You need to provide this ex-tenant with completely accounting of all damage and bill for the difference within the time limit specified by your State law.

Re: tenants gets evicted for non rent payment

Re: tenants gets evicted for non rent payment by Garry (Iowa) on August 16, 2017 @16:42	[ Reply ]

You may not be able to charge the T any money for rent, past the date she actually vacates the unit, and you have possession back. That's because your notice to pay or move, takes presidence over your lease. She violated your lease by not paying rent. YOU gave her a notice to pay or move. She did neither, so you went to court to FORCE her to move. These were YOUR actions, not hers. Once she is out, you can charge any back rent she owes you, against her deposit, but NOT any future rent you would have gotten till the actual ending date of the lease. But it sounds to me as though she is going to owe you a LOT more money than her deposit will cover. Total up her damages against the deposit, and be SURE to get the statement out within the 30 days. If I were you, I would send it out by day 25, and send it certified mail, to her last known address, which could be your rental address.

Re: tenants gets evicted for non rent payment

Re: tenants gets evicted for non rent payment by Anonymous on August 16, 2017 @23:06	[ Reply ]

I believe you are getting upset over nothing. The judge as you posted said "Magistrate states after 30 days providing there's no damages and home is cleaned" which implies that the place must be clean and no damages which will affect the security deposit settlement. Damages can imply loss rent, so you would account for any loss rent up to the date the court set for her to be out. You cannot collect for the remaining time left on the lease, just what will be owed up to the departure date.