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after evicted can I be sued for rent?

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Re: after evicted can I be sued for rent?

Postby lappert » Sun Oct 13, 2002 10:43 am

Yes he can. When they evict you in housing court, they bing a non-payment case seeking possession (your eviction) AND a judgment for bank rent.

If you move out still owing rent, they can bring an action in civil court for the back rent.

In both cases, you could claim the total or partial amount claimed is not due -- and then bring your reasons: warranty of habitability offset, incorrect rent, rent already paid, offset from security deposit (assuming they don't invent things to claim on the deposit), etc.

You could also negotiate a settlement with the LL to forgive the past rent - if you're out by a date certain, avoiding a legal case. Some LLs will do this.

Legal fees exist only when it's in the lease. Many leases only provide for legal fees due the LL, but it can work both ways. Fees are only set by the court, but LLs often seek them.

But is seems odd that a judge would order repairs in the same order you are to be evicted. Is there something else going on here?
lappert
 
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