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LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 28367
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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I rec'd the final statement from the apartment I was told to

Customer Question

I rec'd the final statement from the apartment I was told to move from. It has the accelerated rent for the remainder of the lease (Aug 31, 2017) for a total of $7,022. It says its due in 30 days. I obviously don't have 7k to dish out. Can they do this? Arent they supposed to try to rent my apartment?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 5 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LandlordTenantAnswer replied 5 months ago.

Good morning. What was the basis for the eviction?

Customer: replied 5 months ago.
Evicted for non-compliance with community policies
Customer: replied 5 months ago.
They basically said my dog was too loud. They did know I had a dog tho
Expert:  LandlordTenantAnswer replied 5 months ago.

Thank you. Yes, they do have an obligation to make a good faith effort, to find a new tenant and re-rent the property. While it remains idle and vacant, you could be liable but they can not allow it to simply sit and not try and find someone nor mitigate damages. As such, you can respond to them and ask/question them about this and what they have done to find someone else. Yes, there may be a breach and they could be entitled to this but need to mitigate damages.

Customer: replied 5 months ago.
I can reach out and say what have you done to rent out my old unit? If I find out someone is already living there what could I do?
In addition to that, I dont have $7000 to pay in 30 days. Is there anything I can do about that?
Expert:  LandlordTenantAnswer replied 5 months ago.

Yes, you can respond and ask them what efforts they have made to try and fill the vacancy. If someone is living there, you should only be liable for the time it was vacant and any costs incurred, with finding someone. As far as the money owed and timeline, you can always work out a payment plan or propose a settlement. I do not think they truly believe you have the $7000 but do need to make a demand and put a time on it. You can respond to them and make a counter offer.

Customer: replied 5 months ago.
Can they say no? I'm just worried because credit is all I have. And if I cant pay this 7k and they send me to collections my credit will be ruined.
Expert:  LandlordTenantAnswer replied 5 months ago.

Yes, they can but it is unlikely. I say this because they want their money, so if you are willing to make monthly payments, they should accept it. If you are concerned about your credit, you can contact them and try and work out a payment plan.

Customer: replied 5 months ago.
But once someone fills my unit, the amount should be adjusted, correct? They cant collect rent twice for the same unit.
Expert:  LandlordTenantAnswer replied 5 months ago.

Yes, that is correct. They could not "double dip" and be unjustly enriched, by taking your money for the remainder of the lease and then renting it to someone else and basically getting double rent.

Customer: replied 5 months ago.
Let me ask you this, I emailed they requesting some form of payment agreement: if I find someone does live there now, what could I do?
Expert:  LandlordTenantAnswer replied 5 months ago.

If you find this out, you can bring it to their attention. Ask them when they moved in and offer to pay for the time the rental was vacant plus any additional costs incurred with finding this new tenant.

Customer: replied 5 months ago.
If in the event they say no to a payment agreement, I know you said this is unlikely, but IF they did, do I have any options?
Expert:  LandlordTenantAnswer replied 5 months ago.

At that time, they would likely turn it over to collections and then sue on it, to try and get a judgment. You can not force them to agree to a payment plan, I am sorry to say. I know that is not ideal or what you are hoping to hear but I want to be upfront and honest

Customer: replied 5 months ago.
if they aren't willing to do a payment agreement, I'm basically shit out of luck? and would HAVE to pay in 30 days.
Expert:  LandlordTenantAnswer replied 5 months ago.

Yes, if they were firm and wanted it all in 30 days, they could demand it and if you do not pay, would then have to sue and turn it over to collections.

Expert:  LandlordTenantAnswer replied 5 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LandlordTenantAnswer replied 5 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!