Results 1 to 4 of 4
  1. #1
    Join Date
    Jul 2013
    Posts
    3

    Default Charging Rent After Eviction

    My question involves an eviction in the state of: NC.

    Once a Landlord takes possession of an apartment through the eviction process, is it legal to continue to charge the tenant rent through their lease end date?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Charging Rent After Eviction

    Maybe. What are the facts?

  3. #3
    Join Date
    Jul 2013
    Posts
    3

    Default Re: Charging Rent After Eviction

    Tenant was evicted for non-payment of rent. They did not show up to contest the case, and no monetary judgment was entered due to summons being posted. Possession ordered within 10 days. Tenant gave keys on the 10th day to surrender possession. All belongings were out of the unit. Can the former resident be charged for rent going forward if their lease does not expire until the middle of December, or until the unit is re-rented, whichever comes first?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,004

    Default Re: Charging Rent After Eviction

    Quote Quoting salexander
    View Post
    Tenant was evicted for non-payment of rent. They did not show up to contest the case, and no monetary judgment was entered due to summons being posted. Possession ordered within 10 days. Tenant gave keys on the 10th day to surrender possession. All belongings were out of the unit. Can the former resident be charged for rent going forward if their lease does not expire until the middle of December, or until the unit is re-rented, whichever comes first?
    Generally, it's until re-rented as most states give a residential landlord the duty to mitigate his damages by re-renting as soon as reasonably possible.

    Once re-rented the LL can, and probably will, sue for the back rent. Depending on rental market factors the tenant could be on the hook for a couple of weeks to a couple of months but an LL would have to be stupid to leave the property unrented until December and likely won't.

    1. Sponsored Links
       

Similar Threads

  1. Disability Benefits: Charging Rent to an Adult Child on SSI
    By peterbooth in forum Social Security Law
    Replies: 2
    Last Post: 11-25-2011, 10:37 PM
  2. Rent and Utilities: Gorenter.com Charging Additional Rent
    By tminervini in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-23-2010, 06:54 PM
  3. Parent Charging Rent
    By MaddysMom in forum Juvenile Law
    Replies: 24
    Last Post: 06-17-2009, 04:42 AM
  4. Moving Out: Charging Rent After Lease is Up
    By Kaisdad in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-06-2009, 05:49 PM
  5. Rent and Utilities: Is It 30 Day Notice To Start Charging Rent
    By justinam in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-24-2008, 06:50 PM
 
 
Sponsored Links

Legal Help, Information and Resources