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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26551
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was evicted from my apartment around may 30th with a 24h

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I was evicted from my apartment around may 30th with a 24h notice, but I gave my orders that I will be moving out in april, my orders stated that I will be out on june 9th and yet I still received a final statement from the apartment complex for over 1900 dollars. Once I gave them my oders all I had owe the apartment complex was 207 for the 9days in june.  When I spoke with the manager of the complex she stated that if im evicted that I can be charged the other charges because its in my contact but like I said earlier I gave them my orders in april and they gave me the statement of what I owe them, my rent for that month was paid up and all I owe them was 207 for june yet they charge me for 586 for 24h notice because of lewd act and accurate d charges of 690 which is a full moths rent on top of a 400 deposit that we didnt pay because we moved in on. A special and they charging me for clean up too.

Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

I want to make sure I understand...you gave them your orders, over 30 days prior to your leaving? And you left when you told them you would?

If so how could they evict you?
Customer: replied 1 year ago.

Yes sir I gave them my orders with more then a 30 day notice, and I was evicted for a lewd act, but that was on march 30th, I gave them my orders on april 17, which stated that I would be out the apartment on June 9th, in which my balance for the apartment would be $207

Expert:  P. Simmons replied 1 year ago.
Sorry...I think I may be confused...you say

I was evicted for a lewd act, but that was on march 30th, I gave them my orders on april 17, which stated that I would be out the apartment on June 9th,

The lewd act was 30 March?

And they evicted you on 30 May for an event that happened in March??

Customer: replied 1 year ago.

Im so sorry I was evicted on my 30th ...

Expert:  P. Simmons replied 1 year ago.
Sorry...one more...just to be sure

You gave notice in April to leave 9 June

30 May they evict you...and ignored your prior notice?
Customer: replied 1 year ago.

Yes sir I gave them my orders in april that I will be leaving on june 9th and with the eviction I never received a prior notice, and I told the manager and she said that it must have been left in my door and I told her I didnt because on the paper it said hand delivered, so I had just left because I was ready to leave that place

Expert:  P. Simmons replied 1 year ago.
If they evicted you for lewd acts, they can charge you from 30 May to 9 June (the day your original notice was till)...are they now trying to charge you for more? How much more?

Customer: replied 1 year ago.

Yes they are the amount I was to pay was 207 plus cleaning because I didnt pay a deposit, but now they are trying to charge me 1945.38

Expert:  P. Simmons replied 1 year ago.
You need to look at the breakdown of the charges

They can charge you from 30 May to 9 June...no problem with that at all.

And cleaning? Again, no problem.

And they can charge you a reasonable fee to evict...

But they can not, for example, charge you for the entire month of June. That would be a violation of the Service Members Civil Relief Act. Under this law (the SCRA), you have the right to exit the lease/rental agreement if you provide a copy of your orders at least 30 days in advance.

You did that.

So if they are charging you past the 9th that is wrong...and you can sue them in small claims court, under the SCRA and recover that money.

Let me know if you have more questions...happy to help if I can

Customer: replied 1 year ago.

So they can charge me for the eviction even though my rent was paid upfor that month and they charging me for an accumulated rent which is $690 and for a deposit of $400... can they charge me for that also?

Expert:  P. Simmons replied 1 year ago.
They can charge for the eviction if they have a basis to evict. And rent 30 may to 9 June.

But they can not charge you for rent past 9 June

And the charge for eviction must be "reasonable"...they can not charge you an excessive fee as a penalty

So...if they are charging you anything other than cleaning, a reasonable fee to evict (I would arge more than $300 to evict is not reasonable) and rent for 10 days, then I would argue they are charging too much
Customer: replied 1 year ago.

They are they charging me $586 for the eviction and they are charging me for the deposit we didnt pay because of the move in special and for the clean up also

Expert:  P. Simmons replied 1 year ago.
I think you can challenge the eviction charge...they have to prove the cost (that it cost them near $600 to evict you)...that is a lot of money.


And I would consider suing them for that deposit...again, they can force you to pay a reasonable amont for the eviction, the cleaning fee, and the rent from 30 May to 9 June. That is it....they can not force you to pay a deposit now that you are out.

Customer: replied 1 year ago.

I have one more question, the apartment complex gave me my final statement already, my question is can I do a small claims suit against them now or do I have to wait to see if the small they want gets put into collections

Expert:  P. Simmons replied 1 year ago.
You can wait to see how this resolves. If you have not paid them the money, then you can wait to see if they try and force you to (with a negative report on your credit). They do do (send this to collections) then you can sue for the amount that they owe you (when you look at what they have billed you for, and what you really owe, you can sue for anything in addition to that)

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26551
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

The amount I owe them is 207 plus clean up, so after clean up it would be around 350, but they are charging me 1945, so if I sue do I sue for the difference or do I sue for what I owe?

Expert:  P. Simmons replied 1 year ago.
You would sue for the difference between what you owe, or what you believe you owe them and what they are charging you...then, when you win, you can pay what they are charging you (from the judgment)
Customer: replied 1 year ago.

Yes sir I have one more question but its on a different subject, I received a misdemeanor indecent exposure warrent in el paso tx, but I know live in Louisiana with is about 1000+ miles away, my question is are there anyway I can take care of that warrent without having to go all fhe way to el paso?

Expert:  P. Simmons replied 1 year ago.
You can have an attorney in El Paso contact the county prosecutor to see if they can negotiate a settlement of this to lift the warrant.

Other than that, they will require you to present yourself before they will lift the warrant
Customer: replied 1 year ago.

Can I get an attorney in louisiana where I am at? Or it has to be an attorney in el paso

Expert:  P. Simmons replied 1 year ago.
Texas.

Since the issue occurred in TX, the proper venue (place to file) will be Texas.

Now...it may be you can find an LA attorney who is also licensed in TX...that would be fine.

But if you are forced to go to court, the court will be in Texas


Sorry to have to bear bad news
Customer: replied 1 year ago.

I have a question in regard to the eviction I received,... I went thru the contract and it did state that I will be charged 586.50 if I am evicted for crimal reasons, but that was on the initial contract we signed and she didn't go over that part,... my question is can I still sue for the amount even tho it states it in the contract, and also I gave them my keys to the apartment on the 30th of may, I received a call from the detective saying that I have a warrant out for my arrest and that was on the 4th of June, the apartment complex didn't do my final statement until the 5th of June so they waited until the warrant was issued to do my final paperwork statement...

Expert:  P. Simmons replied 1 year ago.
Sir, if the contract allows them to charge you 586.50 if you are evicted for a criminal offense, and you were, in fact, evicted for a criminal offense, they can rightly charge you that money. It will not go you any good to try and sue for that.

I get your point. If they really did not evict you...but you left without the need for eviction? Then you can argue that there was no eviction, and therefore no valid charge.

SO that may be the way you fight this...if you can show you had already left, that there was no need to evict, then you can argue that there was no need for the charge. SO if this is the case, then you can sue them to try and get that money back
Customer: replied 1 year ago.

Ok I understand, that was in the initial contract, I still gave them my orders with still stated I owe just $207 the additional charges came after I had already left and turned in my keys

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