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If you have given your landlord notice that you will be vacating

 

Customer Question

If you have given your landlord notice that you will be vacating the property no later than August 31st due to finances. Can a landlord evict if you are unable to pay the rent even though notice is given and they do have a $2000 deposit that you paid?

 



Already Tried:
I am trying to seek legal advice just for clarity.

Submitted: 288 days and 15 hours ago.
Category: Landlord-Tenant
Value: $38
Status: CLOSED
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Expert:  JB Umphrey replied 288 days and 14 hours ago.

Welcome and thank you for your question!

Please clarify: right now, how much are you behind in rent?

Customer replied 288 days and 14 hours ago.

Rent is due on the 15th of July.

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Expert:  JB Umphrey replied 288 days and 14 hours ago.

So, at this time are you current in your rent payments?

Customer replied 288 days and 14 hours ago.

Yes except $44 from a dumpster pickup in May.

Accepted Answer

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Expert:  JB Umphrey replied 288 days and 14 hours ago.

Thank you. Whenever one is not current in their payments, the landlord can begin the process to have the tenant kicked out.

So, if you are behind or if you miss a payment, the landlord can immediately start that process.

Does this mean immediate eviction? No, it does not. The process involves the landlord giving you notice, then the landlord has to go to court and file a lawsuit, then there's a hearing with a move-out deadline, then (if you're still there) there is the eviction. As a matter of practicality, that process will take you close to August 31 (when you were planning to move out anyway).

So, can the landlord start the eviction process? Yes. Will the eviction occur before August 31? It will be hard to predict .... very close, though.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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Thanks,
~~ J.B.

Expert TypeAttorney
Category: Landlord-Tenant
Pos. Feedback: 96.0 %
Accepts: 292
Answered: 6/27/2012

Experience: Assisting tenants and landlords understand their disputes.

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Expert:  JB Umphrey replied 286 days and 11 hours ago.

Hi there. I'm just following up with you to see how everything is going.

Did I answer all of your questions or do you seek additional information?

Please let me know if there is anything else I can provide to give you excellent service!"

Otherwise, please be sure to provide a rating for the information I provided so that I receive credit for assisting you.

IF YOU DO NOT PROVIDE A RATING, or if your rating is negative, then I will not be compensated.

If you experience any problems in providing a positive rating, please reply and let me know.

Thank you!

~~ JB

 
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