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Re: Does eviction end tenant rent payments? - Landlord Forum thread 354854

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Re: Does eviction end tenant rent payments? by Garry (Iowa) on October 31, 2017 @17:07

Yes, you are correct. A lease is a contract. But simply put, YOU don't know what an "eviction" is or does. The T stops paying rent. The LL wants his rent, so he gives the T a written notice to pay the rent----or move. The T says he is not paying the rent and he is not moving, either. So the LL files for an eviction. But, actually, what the LL is asking the judge to do, is cancel the original lease, and give you, the LL, back possession of the property. At that point, you do not want any money. All you want is a vacant property returned to you, and that is what you are going to get.
Now, 6 months later, you, the LL, decide to go into court and ask for the rent you should have got while it was vacant. The T shows up and says to the judge----"why should I pay rent when YOU (meaning the judge) CANCELLED THE LEASE, AND FORCED me to leave." Now, really, what judge is going to award a LL rent when the LL HIMSELF, told the judge at the eviction hearing, that he wanted NO money, just POSSESSION. THE LL CANNOT HAVE BOTH. In any lease, anywhere in this country, if the T pays the rent, WHO has possession?----- THE TENANT, NOT THE LL.
But don't take MY word for it. Why don't several LLs on this forum, call up several attorneys all over this country, and ask THEM what an eviction is and does, and if it cancels the previous lease, or not.
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Re: Does eviction end tenant rent payments? by Joe (Michigan) on October 31, 2017 @19:21 [ Reply ]
The lease I signed with the evicted tenant does have a "Rent Acceleration Clause", which says if Tenant went default on the lease terms, all rents remained on the lease became immediately due. This tenant went default by not paying rent. So I supposed the Rent Acceleration Clause kicked in. The eviction judgement says "The defendant may be liable for money damages after moving if additional rent is owed or if there is damage to the property". Since eviction order was issued when Tenant was still in possession of the house, further claim for rents and damages after his move should be reasonable and make sense.
    Re: Does eviction end tenant rent payments? by Garry (Iowa) on October 31, 2017 @22:00 [ Reply ]
    I agree with the part of the E. judgement that says the T will owe for any damages they caused. The key word is "may" in your quotation, meaning the T may "not" be liable, also. And there is always going to be "additional rent owed", from the time you filed for eviction, until the T is forced out by a Sheriff's Dept. and you get physical possession back. But that does not necessarily mean you can get a judgement for any rent for the period after you got possession back. The only way you will ever know, is to spend the time and money taking the former T to court, and see what a judge says.
    The other thing I would point out, is, does your "acceleration clause" conform to your state laws? There are many LLs all over the country, that put all kinds of clauses in their leases, but are not "legal" in their state. If I were you, I would run it by an attorney first, before proceeding into court, to see if it conforms to Mi. laws. And ask yourself this------ using the facts you have given us, if the rent was $1,000/mo., and the T did not pay rent for March (he defaulted on the lease) does that mean that his remaining 18 months of rent ($18,000) is now due and payable to you? To me, that does not make any sense. If the T could not pay the $1,000 , what makes you think they can pay $18,000 ? That is what is called in business law--unconscionable--meaning "very or extremely" unfair. That clause may be in your lease, but I doubt any judge will uphold it. But that's just my opinion. Please contact an attorney, and/or go to court, and get back to the forum with an answer.
      Re: Does eviction end tenant rent payments? by Joe (MI) on October 31, 2017 @22:41 [ Reply ]
      It appears to me that you are not in the position of legal advice but put too much guessing in your posts so they are not helpful at all. G, you really should stop your imaginative reasoning!
      For other interested landlords: I did some research on websites such as AVVO and did find some similar cases that were explored by litigation professionals. According to them, I do have a good case to recover rent losses and property damages.
Re: Does eviction end tenant rent payments? by Anonymous on November 1, 2017 @01:53 [ Reply ]
Judges do not cancel leases, they either terminate possession or terminate both possession and the lease. In a slow rental market, a landlord could for example, just ask for possession and still hold the tenant liable for future rents as they become due until the lease terms end or the property is rerented. In most cases, a landlord just accepts the amount the court awards, such as up to two months rent as damages.
    Re: Does eviction end tenant rent payments? by Joe (MI) on November 1, 2017 @08:13 [ Reply ]
    This is exactly my case! The judgement says that, the tenant either pays what he owed up to the judgement date to continue possession, or surrender the possession immediately but still owe current unpaid rent and utilities AND may still owe rents and damages coming after judgement date. It was not possible to have the total amount of damages and unpaid rents at the judgement date while tenant was still living in my house.

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