Previous Landlord Now asking for money

This is a discussion on Previous Landlord Now asking for money within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I recently lived in an apartment and was evicted. When I went to court in reguards to this issue all ...

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Old Aug 23rd, 2008, 09:15 PM   #1
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Exclamation Previous Landlord Now asking for money

I recently lived in an apartment and was evicted. When I went to court in reguards to this issue all that was ordered was the return of the keys. The judge had acknowleged that I still owed money but it was never court ordered that I pay it. The final judgment was "turn in the keys once the aprtment is empty" "case closed". Now 2 months later the apartment complex is asking for $1400. My question is.. if it wasn't court ordered at the time I appeared before the judge, do I still have to pay it? If I don't pay it can they take me back to court again?
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Old Aug 23rd, 2008, 11:57 PM   #2
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Default Re: Previous Landlord Now asking for money

Being that I now work for a Property Management Company, regardless of what your choice is, (pay or not pay) it will end up on your credit report because it is my guess, the charge is related to the "Move out" costs. Wether or not it actually added up to the amount you said, is neither here nor there.
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Old Aug 24th, 2008, 09:30 PM   #3
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Default Re: Previous Landlord Now asking for money

You don't mention where you live. However, many states have a 2 part eviction hearing. The first part is only the possession hearing. NO money is discussed at that time. There is often a second hearing, either in the same court or in small claims court after the possession hearing, which decides the monetary damages against you.

Contact the court to see if the LL obtained this judgement against you. Your absence at this hearing would have allowed an automatic ruling against you. If that judgment was obtained in court, it is already on your court record and credit record (or soon will be when it is recorded).

If it has not been listed as a judgement yet, expect to get a summons to this hearing quite soon. You left owing money, court costs for the eviction since you lost, and probably other costs as well. You wiull have to pay these monies. If you can, pay them before this case is filed against you. It will keep it off your court and credit record and will save your credit at least. Your court record will already reflect the eviction, which will keep getting you denied from good housing for quite some time in the future.
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Old Aug 27th, 2008, 01:22 PM   #4
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Default Re: Previous Landlord Now asking for money

I live in Indiana and I thought there was a "Double Jeopardy" law everywhere. I thought you can't be tried twice for the same thing. Or is that only in front of a jury?
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Old Aug 27th, 2008, 06:00 PM   #5
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Default Re: Previous Landlord Now asking for money

The double jeopardy law only applies to criminal offenses, not to evictions and money owed. Besides, it is not a trial twice for the same thing. The first hearing is only over who gets possession of the unit, nothing else. The second hearing is over money that is owed, not over the unit itself. The second hearing is on what debts you have, not on the unit. (So the unit is at stake in the first hearing, your credit is at stake is the second!)

Double jeopardy also only applies to criminal cases where a jury makes a decision. If the jury is a hung jury (can't decide) or if there is a mistrial (procedural error), another trial is held on the same crime. You can't be tried twice for a crime that is decided upon, but you can for one that has no decision or isn't heard at all.

Did you ever receive a statement of what happened to your deposit money? You should have received one within 45 days of vacating if you left a forwarding address with the LL. It would have identified what costs you were charged with. Since you were evicted, you probably still owed rent, any damages to the unit in excess of your deposit, any cleaning costs if you failed to leave the unit in the same condition in which you received it, attorney fees, court costs for the eviction, storage of your belongings for 30 days (in some states) if you didn't remove everything, then trash hauling to get rid of those things later, and who knows what else (I can only guess). These are your expenses to pay. If you didn't receive this letter, write the old LL and request a copy of this statement. Review it to be sure it is correct. Call the clerk of court and ask if there is a judgment against you for that amount. If so, make a payment plan to get this paid and off your credit record or it will reflect this judgment for years to come (up to 20 yrs in some states).

Sorry, but you will have a debt when you are evicted and it is your responsibility to pay that debt.
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