I have a lease that is over in October. However, due to circumstances I can't no longer afford my apartment and I have to move out. The problem is that I have not paid the month of May. I plan to be moved out by June 1st. The lady at the management office told me that if I didn't pay her the month of May she would have to start the eviction process. But if I leave by June 1st without being literally evicted wouldn't this be considered a breach of contract and not an eviction?

She will give you a 3 day pay or quit notice, if you don't pay in those 3 days she files in court for a hearing for eviction. Since this is the memorial day weekend, I doubt she can make it happen before June first but it is possible.

I doubt that it will happen. They can still go after you if they know where you are. You can be sued for back rent and rent all the way up to when the lease expires if they don't find a new tenant. Do you have a security deposit with the management, if so what does the lease say about using the security deposit?

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Originally Posted by Fr_Chuck

She will give you a 3 day pay or quit notice, if you don't pay in those 3 days she files in court for a hearing for eviction. Since this is the memorial day weekend, I doubt she can make it happen before June first but it is possible.

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So if I move out by June 1st can they legally still evict me? I mean I don't care about breaking the lease. What I am concerned with is an eviction on my record.

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Originally Posted by ballengerb1

I doubt that it will happen. They can still go after you if they know where you are. You can be sued for back rent and rent all the way up to when the lease expires if they don't find a new tenant. Do you have a security deposit with the management, if so what does the lease say about using the security deposit?

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No I have no deposit here because I moved in with a special. However, my lease states that if I move before the terms of the lease are over I only owe $2000. Which is what they would sue me for plus the month of May that I would leave owing them.

It will never happen, eviction takes weeks/months.

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Originally Posted by ballengerb1

It will never happen, eviction takes weeks/months.

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So you feel that even if she starts the process the fact that I am out of the apartment by the 1st then a final judgement can't be granted?