As long as you'er living in the premises, you are responsible for rent, whether or not you're going through an eviction process. After being evicted, you are responsible for any unpaid rent or damages to the residence. The landlord can choose to keep your security deposit or charge you for the debt. You are liable for the balance of rent owed based upon the agreement you signed. An eviction is enforcement of the lease agreement terms and may not be viewed in a court of law as a release of all of your obligations.
If the landlord or representative of the landlord, such as an on-site manager acting on their behalf accepts any portion of the rent and they have already begun eviction proceedings, they will have to start over with the legal process if you are being evicted for not paying your rent.
Not necessarily: this depends on how much money you have paid the landlord. If you paid all of the money you owed the landlord before hand and then your current rent, then the eviction is canceled. Please note that an eviction is complete when you are forced to move out of the apartment, not when the judge issues a writ of ejectment. This is because the landlord must take every step during the eviction process in order to proceed with it.
When disputing information on your credit report for the first time, the disputed information is not calculated into your score during the investigaion. If information is disupte for the second time or so on, it will then be calculated into your score, as it has been found to be correct after the first investigation.
During an eviction trial, common questions asked may include: Did the tenant violate the terms of the lease agreement? Was proper notice given to the tenant before the eviction? Did the landlord follow all legal procedures for the eviction? Are there any defenses or mitigating circumstances that could affect the eviction decision?
You're probably referring to an "answer", which is the tenant's response (including counterclaims) to the eviction complaint. If there was a reason the tenant did not pay rent, he would want to list the reason in his answer. He might also file "discovery', where he asks questions of the landlord.
Evictions are typically a matter of public record, so information about an eviction in one state could potentially show up during background checks in another state. However, the process can vary, so it's advisable to check with the relevant authorities in the state where the eviction occurred and where you are applying for housing.
yes.
You are. YOu are responsible for a unit until you have completely moved out and turned in the keys. At that point, you are no longer responsible for any damages as you are officially not living there and therefore, no longer responsible. But up until that point, you are responsible as you are still officially a tenant, which would include the eviction process.
Law enforcement can place your belongings outside of your apartment during an eviction process after a court order has been issued. The exact timing can vary depending on local laws and the specific circumstances of the eviction. It is important to consult with a legal professional for guidance on eviction procedures in your area.
Most courts can only allow a tenant to stay if the tenant has the entire arrearage. Some courts won't even do that.
Yes, according to the law the tenant can stay in the apartment until the end of the legal process that precedes the eviction. However, your record would look better if you would appear to be a co-operative tenant. When you have been though an eviction, it is harder to find another rental.
This does not invoke special rights to the tenant. The only basic right is that the landlord cannot harass you during this eviction process, and that the landlord cannot change the locks on your door until a judge signed an order stating that you must move. However, you must follow the instructions that are attached to the eviction notice. For example, in many states you must pay to the clerk's office the amount of rent you owe to the landlord in order to get a hearing date, or the judge may sign a default judgment for eviction. Also note that in most states the landlord has to take every step to complete the eviction process. For example, in order for a judgment to be issued against the tenant for eviction, the landlord must file a motion for this to happen.