Our rent was due 12/1/08. We sent payment through our online banking to his po box. We have proof through our bank. He says he never got it. Well, we found another place and told him we were moving next week. It was a spur of the moment decision, an offer we couldn't pass up. He got really mad and started cussing at my husband saying that he is tired of tenants doing this to him, moving with such short notice and he was going to serve us with eviction papers and take us to court. We told him that even though we don't have a lease he can keep our deposit, which is more than what rent is since there is such short notice. He doesn't care. Can he do try to serve us with an eviction if we are already moving?

If you are already moving why would you be worried about being evicted?

You would have to show proof of the payment to a judge in the eviction process. He can't throw you out on the street.

If he did not get the money, he can file for a eviction for non payment of rent.

As for as the moving, if you are on a month to month rent, then you will have to give him a 30 day notice. So ifyou first told him, hopefully in writing that you are moving, you will owe Dec and jan Rent since he would not have gotten the 30 day notice of you moving before Dec 1.

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Originally Posted by myboogiewoogie

our rent was due 12/1/08. we sent payment through our online banking to his po box. we have proof through our bank. he says he never got it. well, we found another place and told him we were moving next week. it was a spur of the moment decision, an offer we couldn't pass up. he got really mad and started cussing at my husband saying that he is tired of tenants doing this to him, moving with such short notice and he was gonna serve us with eviction papers and take us to court. we told him that even though we don't have a lease he can keep our deposit, which is more than what rent is since there is such short notice. he doesn't care. can he do try to serve us with an eviction if we are already moving??

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Sure, serving you with eviction papers guarantees that you move and opens the door to collecting past rent - it would appear you gave him insufficient notice for a January 1st move so you owe December and January. After he takes a look to see if there's damage he can determine whether to use that security deposit against your rent.