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Marsha411JD
Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 19775
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
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I have been evicted from my apartment because I did not pay

Customer Question

I have been evicted from my apartment because I did not pay my rent. Can the landlord still collect even though I've been evicted and have since moved?
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 6 months ago.
Hello,Thank you for the information and your question. Yes, if you have a balance of rent that is still owing, then your former landlord can sue you for that amount. They can't sue you for rent for the period after you were actually evicted and they could rerent the unit, but any rent owing prior to the eviction is a debt they can sue for. Please let me know if you need any clarification. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you
Customer: replied 6 months ago.
Is this a cut and dry case for the landlord? I live in upstate NY, moving out of state this weekend as it was my only choice for a place to go. I'll have to quit my job and try to find work there.
Expert:  Marsha411JD replied 6 months ago.
Thank you for your reply. I am not exactly sure what you mean by "cut and dry," but if you mean is there any chance that the landlord won't sue for rents owed or the court won't award it, then sure, always a chance. However, the law is that a debt can be subject to be sued on. So, if there was rent owing when you moved out, it is a debt and the landlord can sue for it. If you have a defense (like the property was uninhabitable), you could raise that at trial, but that would be at trial and the court would have to decide if you defense was valid. Being unable to pay though, unfortunately, is not a defense. You can try to work something out with the landlord to avoid suit, but that is between you and them.

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