I am in the last month of my lease and cannot afford to pay as my husband is out of work. I called my landlord on the 12th (it took so long because we were trying other ways to come up with the money) to advise him that we would be moving out as we knew we were unable to pay and in the last month anyway. The landlord then advised me that if I moved out he would still follow through with a full eviction and refused to except any part of my security deposit for last months rent because he would be using that money to file the eviction. Today is the 13th and I have not rcvd a 3 day notice as of yet and will be out of the home tomorrow. Can the landlord still process a full eviction? What are my rights if I just don't have the money??

Of course he can process the eviction, but if you are gone, all that means is that there is a record of you leaving, entitling him to relist the apartment.

You are going to owe him the money one way or another... he is just doing things the legal/right way.

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Originally Posted by stevetcg

Of course he can process the eviction, but if you are gone, all that means is that there is a record of you leaving, entitling him to relist the apartment.

You are going to owe him the money one way or another... he is just doing things the legal/right way.

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The LL is not entitled to file for eviction after the OP has surrendered possession. The OP should answer and the LL should loose. It is not "the legal/right way", it is needlessly clogging the court's docket. More importantly, the LL would have wrongly spent the security deposit and should be ordered to pay it back (or such amount that cannot be charged to other, legitimate expenses).

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Originally Posted by AK lawyer

The LL is not entitled to file for eviction after the OP has surrendered possession. The OP should answer and the LL should loose. It is not "the legal/right way", it is needlessly clogging the court's docket. More importantly, the LL would have wrongly spent the security deposit and should be ordered to pay it back (or such amount that cannot be charged to other, legitimate expenses).

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I just HATE IT when the landlord "looses." Don't you?

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Originally Posted by AK lawyer

The LL is not entitled to file for eviction after the OP has surrendered possession. The OP should answer and the LL should loose. It is not "the legal/right way", it is needlessly clogging the court's docket. More importantly, the LL would have wrongly spent the security deposit and should be ordered to pay it back (or such amount that cannot be charged to other, legitimate expenses).

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I own property - I have been advised to evict even after tenants have moved out. I am told that is the only way to keep them from coming back in.

Of course, again, I'm in NY and you're admitted to practice somewhere else.

Hello:

If a tenant had a long term lease, abandoned the property, and came BACK during the original lease term, with the intention and the money to correct the prior defect, without a court order ending the landlord tenant relationship, who is to say that tenant WOULDN'T be entitled to the dwelling once again?

In my state, eviction and small claims are combined... So, not only can a landlord get a court order to evict, he can get a money judgment too. I don't know why ANY state would make a landlord got to court TWICE for it, but apparently some do.

excon

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Originally Posted by AK lawyer

The LL is not entitled to file for eviction after the OP has surrendered possession. The OP should answer and the LL should loose. It is not "the legal/right way", it is needlessly clogging the court's docket. More importantly, the LL would have wrongly spent the security deposit and should be ordered to pay it back (or such amount that cannot be charged to other, legitimate expenses).

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The tenant still has a current lease regardless if they live there or not, so eviction is the ONLY recourse.

I was not addressing how the security deposit is used. That is a different issue and not part of the question.

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Originally Posted by romeltristin1

... I called my landlord on the 12th ... to advise him that we would be moving out ... I have not rcvd a 3 day notice as of yet and will be out of the home tomorrow. ...

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It appears that the OP will have surrendered possession tomorrow.

If desired, I am sure the LL can ask for a written document disclaiming any claim of possession.

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Originally Posted by excon

... In my state, eviction and small claims are combined...

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And in some places, the eviction hearing is distinctly separate.

If the tenant has surrendered possession, and the LL goes ahead and files a complaint alleging that the tenant continues to hold possession, the LL has filed a patently false complaint.

I don't know how knowingly false pleadings are treated in other jurisdictions, but in mine it's severely frowned upon.