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Does eviction end tenant rent payments? - Landlord Forum thread 354839







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Does eviction end tenant rent payments? by Joe (MI) on October 31, 2017 @09:59

                              
My tenant was evicted in March due to non payment of rent. I started advertising right away. However, market was bad from march to May. New tenant was not found until June 11, 2017. I was out of rent payments for March, April, May and part of June while previous lease was good for another 1 1/2 years. My question is: does eviction end tenants' responsibility of paying rents? Or, can I sue him for the period during which I got no rents? Please help!
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Re: Does eviction end tenant rent payments? by Garry (Iowa) on October 31, 2017 @11:27 [ Reply ]
You cannot charge your previous tenant any future rent, past when he was physically out, and you got possession back. It was YOU who asked the T to pay rent, or move. He chose neither. So you went to court to ask a judge to intervene on YOUR behalf. The judge granted YOUR request to give you possession back, thru a forced eviction. You can charge the T for all rents while he had possession of the premises, and for all costs associated with the eviction, but no rents after the T was removed.
Also, how is a judge to know if the market was "bad"? That's only your opinion. And how is a judge to know if your rents are reasonable, or you were asking too much compared to the "market". The same reasoning goes for the condition of the premises, and your qualifications for a new T.
Charging a T for the remainder of a lease after they vacate a unit, only happens when a T vacates a unit on their own, and YOU expect them to perform to the letter of the lease. And even then, most judges will only give you perhaps 2 months worth of rent, as they expect you should have been able to get it rerented after being vacant for 2 months, even in a "bad" market.
Re: Does eviction end tenant rent payments? by Anonymous on October 31, 2017 @19:03 [ Reply ]
An eviction is a legal proceeding where the court ends the lease and returns possession to the owner.

The lease is over, both parties are no longer bound by this lease. No future payments will be coming from this tenant.

Also, you won an eviction for non-payment. What money do you think you'll get even if you sue them? Move on and get your unit rented.

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