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If i have evivted the tenant that has paid rent for the month can i keep the rent money?
Wiki User
∙ 14y ago
In NYS -
No you can not do so legally.
If there had been a lease and the tenant had left prematurely of his own will then you would be entitled to the money owed for the entire remainder of the lease assuming that you were unable to lease the apartment out for that remaining time-frame.
However, in such instant, a judge has the discretion to reduce your entitlement. That is, if a tenant left the apartment of his own will eight months prior to the expiration of the lease and you then failed to rent out the apt for that remaining eight month period a judge can say to you "there is plenty of demand for apartments in this district and if you had done your due diligence you could have easily found another tenant within three months of the tenant's departure. Therefore, I am ordering the tenant to give you three months rent beyond his departure date regardless of the fact that there were eight months left on the tenant's lease".
The judge isn't restricted to following the terms of the lease. The judge has the discretion to interpret the intent of the law which applies to leases/contracts.
Wiki User
∙ 14y ago
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