Rent after eviction
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Rent after eviction (by DonV [OH]) Nov 28, 2023 9:33 AM
       Rent after eviction (by tryan [MA]) Nov 28, 2023 9:42 AM
       Rent after eviction (by Ray-N-Pa [PA]) Nov 28, 2023 9:51 AM
       Rent after eviction (by WMH [NC]) Nov 28, 2023 9:59 AM
       Rent after eviction (by S i d [MO]) Nov 28, 2023 11:31 AM
       Rent after eviction (by Sisco [MO]) Nov 28, 2023 12:38 PM
       Rent after eviction (by razorback_tim [AR]) Nov 28, 2023 4:12 PM
       Rent after eviction (by Ken [NY]) Nov 28, 2023 4:44 PM
       Rent after eviction (by Robert,OntarioCanada [ON]) Nov 28, 2023 8:20 PM
       Rent after eviction (by zero [IN]) Nov 29, 2023 7:46 AM
       Rent after eviction (by DonV [OH]) Dec 1, 2023 12:08 PM
       Rent after eviction (by JAC [OH]) Dec 1, 2023 7:16 PM

Rent after eviction (by DonV [OH]) Posted on: Nov 28, 2023 9:33 AM

If you evict a tenant and it takes 3 months to find a new tenant can you charge the old evicted tenant for the 3 months rent you did not collect AFTER they were evicted?

Rent after eviction (by tryan [MA]) Posted on: Nov 28, 2023 9:42 AM

Not in my hood.

Rent after eviction (by Ray-N-Pa [PA]) Posted on: Nov 28, 2023 9:51 AM

Typically possession occurs after an eviction. So as soon as you get access, rent due stops.

Rent after eviction (by WMH [NC]) Posted on: Nov 28, 2023 9:59 AM

You can either sue for possession and money owed prior to possession or you can wait for the tenant to leave on their own and then sue for all moneys owed, you can't do both.

And the second option is much more stressful and likely to cost you money rather than getting you more.

Rent after eviction (by S i d [MO]) Posted on: Nov 28, 2023 11:31 AM

Terminating the contract through the court likewise terminates any future obligations between the two parties that were specified in the lease. So no, you cannot sue for rent because rent is no longer due. The contract/lease is terminated.


Rent after eviction (by Sisco [MO]) Posted on: Nov 28, 2023 12:38 PM

I would try it.

Rent after eviction (by razorback_tim [AR]) Posted on: Nov 28, 2023 4:12 PM

If I were you I would consult with an attorney who is knowledgeable and experienced in OH LL-Tenant law and case law. The answer to your question likely varies from state to state.

If state law is silent on the matter and there is no case law to the contrary, I would expect you to be able to recover rent due after they were evicted, especially if your lease contains a clause that accelerates all rent due under the lease in the event of default by the tenant.

Rent after eviction (by Ken [NY]) Posted on: Nov 28, 2023 4:44 PM

Not in my state, you ended the lease with the eviction therefore no lease to enforce anymore --74.77.xx.xx

Rent after eviction (by Robert,OntarioCanada [ON]) Posted on: Nov 28, 2023 8:20 PM

That is like asking for key money which is illegal in most jurisdictions. Here if a tenant moves in the middle of month than a per diem rent is charged where times 12 then divide by 365 then multiply the number of days. In meantime make sure screening is thorough where a lot of problem tenants change one letter in surname where the credit report comes back no identity along run thorough credit checks on all adults as this will screen out a problem who stays then other tenants leave. In the province the minimum is 700 and above or you keep looking where those who handed out keys have left the rental housing business. Finally consider joining a landlords association where some listings on this site or Google. A lot of knowledge will gained in a short amount of time rather than learning from the hard school of knocks. Look if the person is working by taking to small claims court along with if credit check was done report to the credit bureaus so they will difficult time finding another place to live along insurance rates may go up.

Rent after eviction (by zero [IN]) Posted on: Nov 29, 2023 7:46 AM

In my court I can charge for lost rents due to damages as well as waiting to find a new tenant.

This typically only goes until the actual damages hearing though, which isn't three months out.

On my last eviction the place was in such bad shape that I added time beyond the damages hearing for rehab work. The judge allowed it, although I was well beyond the monetary threshold of small claims in our area so he might not have allowed it otherwise.

Rent after eviction (by DonV [OH]) Posted on: Dec 1, 2023 12:08 PM

Thanks guys! From what I here in Ohio I cannot charge. I do have a re-leasing fee in my lease.

Rent after eviction (by JAC [OH]) Posted on: Dec 1, 2023 7:16 PM

Actually you can charge if you had a lease. You have to mitigate and might have to prove you tried to do so but you can file in small claims and might get a judgement for the amount between the time they left and the time you filled the unit. While others have said the lease is terminated and that is correct you still had a contract and they broke that contract and you could be due damages.

Subject: RE: Rent after eviction
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Rent after eviction
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