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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
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I recently moved out of an house, where i had to be out on

Customer Question

i recently moved out of an house, where i had to be out on the 31st of August, there was old furniture and trash left at the premises. The landlord asked me to clean the place I informed her that I would be back on the 15 to take the trash out of bulk pickup. Now she is using a motion for the entry of money judgment and for the entry of non redeemable judgment of possession. To get back the three months I had free rent due to a judgment. Do i have to pay this back?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me what state this is in?

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Are you saying that the landlord proceeded with an eviction action after you moved out due to you leaving some personal property there?

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Have they been awarded a judgment against you for some amount of money?

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Were you served with a summons to come to court and defend?

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thanks

Barrister

Customer: replied 1 year ago.
This is in washington DC,Yes I left some property and trash in the premises, I spoke with her and let her know that i could not throw away the bulk trash until the 15th that is when they stated they could come pick it up.I signed an agreement that said I would be out of the premises on the 31st, I was out in my new place but there was trash still at the old place.
Expert:  Barrister replied 1 year ago.

Ok, if you were supposed to be out Aug 31, but still left a substantial amount of personal property there, then legally you haven't surrendered possession of the property if you were going to come back Sept 15 to get rid of it or move it.

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So if the landlord filed an eviction action and got a money judgment against you, then if you were given notice of the action and either didn't defend or did an lost, then they can pursue you for any money damages that they have incurred in getting rid of the personal property and trash over and above any security deposit that you might have had.

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As for the 3 months rent, if there is something in the lease contract that says if you violate the lease or are evicted, you have to repay that 3 months free rent, then the landlord could file a small claims court action under a breach of contract claim and try to pursue you for that money if you violated the conditions that resulted in you getting the free rent..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister