Ask Me Help Desk - Eviction for nonpayment of rent

I am being evicted for nonpayment of rent my landlord says that I am responsible for the rest of the rent amount until the lease is up. I explained to her that my hours were cut at my job and I am no longer able to afford the rent payment. Should I wait until court to give her any money to see if the judge will require me to pay the full amount to complete the rent or is it likely that due to my situation that I will only be required to pay for the past due amount and not have to pay the rent for the rest of the lease?

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Originally Posted by vinsgirl

I am being evicted for nonpayment of rent my landlord says that I am responsable for the rest of the rent amount until the lease is up. I explained to her that my hours were cut at my job and I am no longer able to afford the rent payment. Should I wait until court to give her any money to see if the judge will require me to pay the full amount to complete the rent or is it likely that due to my situation that I will only be required to pay for the past due amount and not have to pay the rent for the rest of the lease?

You owe for the balance of the lease as well as past due rent but in most States the landlord has to make good attempts to rent it out as quickly as possible.

Inability to pay is not a legal defense, unfortunately.

Most likely you would've to pay only the rent you owed.

For example if you owed back rent you would be responsible for that. If you have 3 months left on your lease after you get evicted you can't be held responsible for rent after you was evicted because the lease would no longer be valid.

Keep your court date and pay what the judge orders you to pay. It seems that your landlord is trying to pull a fast one over your head.

Do you owe any back rent?

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Originally Posted by liz28

Most likely you would've to pay only the rent you owed.

For example if you owed back rent you would be responsible for that. If you have 3 months left on your lease after you get evicted you can't be held responsible for rent after you was evicted because the lease would no longer be valid.

Keep your court date and pay what the judge orders you to pay. It seems that your landlord is trying to pull a fast one over your head.

Do you owe any back rent?

You are wrong - she has a lease, a contract, to pay rent from X to X. If she's evicted she still owes the rent. I am addressing NY but if OP would like to post "her State" I'll be happy to check the law there.

I own rental property and have been in this same situation. I don't know what your experience is as a landlord or tenant but, again, if it's different, please post it.

If you have law to the contrary (or any of your Attorney friends have law to the contrary) please post it.

There is no "fast one" being pulled here - a lease is an enforceable contract.

If OP is being evicted for non payment I would assume she owes back rent - or else she wouldn't be evicted for non payment.

At the ending of last month I went with my friend to housing court in Manhattan because she was get evict for non-payment.

She was given a date to leave her apartment and ordered only to pay her back rent owed not future paymenents. This was ordered by the judge and I was the one that paid her back rent because she lost her job. However her getting evicted can block her with getting any future apartments because most landlords check to see if you had any evictions. I was with her in the courtroom throughout the whole time she was there and was about to leave before the judge called her name and I hear anything that was said.

Quote:

Originally Posted by liz28

At the ending of last month I went with my friend to housing court in Manhattan because she was get evict for non-payment.

She was given a date to leave her apartment and ordered only to pay her back rent owed not future paymenents. This was ordered by the judge and I was the one that paid her back rent because she lost her job. However her getting evicted can block her with getting any future apartments because most landlords check to see if you had any evictions. I was with her in the courtroom throughout the whole time she was there and was about to leave before the judge called her name and I hear anything that was said.

Did she have a lease? If so a lease is a contract and a party cannot simply walk away. I've seen Judges make strange decisions but this is the first time I've ever seen a Judge allow a tenant to walk out of a lease and not be responsible for the balance of the lease.

I realize you've had several experiences which fly in the face of the law - perhaps it's a NYC thing. I don't really know.

But, yes, you cannot be awarded damages in anticipation of damages - and your friend was in eviction court, not in small claims (which is where this OP will end up).

Hopefully someone else will weigh in on this.