This Tenant is at a LOSS!!

We were informed by our property manager that our lease would not be renewed after living here 6+ years. They advised because we were late on our rent too many times. Although, at the times we were late we did inform them and paid the late fees. I must add that this is a new property manager and corporation that took over 2 years ago.

When we realized we would not be with a home we immediately began looking for a new place. Fortunately, we were able to find a new place that we could afford. Unfortunately, it was available two months before our old lease would expire. In letter format we informed our property manager of our new home and that we would be leaving and asked for a payment arrangement. We also advised that this months rent would be late since we needed to come up with first months rent and security deposit for the new place.

Well, we have just received an eviction notice. Which baffles me because the date is for after we will no longer be here. All communication with this property manager has been in writing and all our receipts have been kept.

I am just wondering what will happen in court. Usually when you take someone to court to evict you want them out....but how does that work when they are already gone and living in a new residence?

This is bad news for you. Is this just a notice from management or one from the court? If you already have received an eviction notice from the court, it is on your court record. If that new place sees it before you move in, expect to have that lease cancelled or the deposit raised to the max. No LL wants a tenant with a recent eviction case. That puts you in a high risk category.

When your lease was not renewed, it did not mean that it ended early. You were expected to move out at the END of the lease, not before, and not without your continued on-time rent payments through the end month. It probably sounds to your current LL like you are skipping out on the lease before it ends. (You have no rent for them because you are planning on paying the deposit & 1st mo for the next place.) You still owe rent until the end of your lease unless they can re-rent before it ends. So you'll have to pay 2 rents for the next couple months. Can you do this?

If you fail to show up in court (if they don't drop the case - which I doubt they will do), they will be granted an eviction against you. The eviction is only the first part. There will be a second hearing after that. It will decide how much money you will owe them. You should end up owing 2 months of rent, late fees, court costs for the eviction (after all you didn't pay the rent again), attorney fees, advertising costs (since you are breaking your last 2 months of the lease to move out early), and any damages to the unit. The judgement will damage your credit.

It would be better if you'd just borrow the money and pay the rent now so they drop all of this. Still, an eviction suit filed with the court will continue to show up on your court record as filed against you. Once filed with the court, it continues to show up even after it is dropped. It will hurt your chances to get good rental units in the future. Stop this before it gets to that point if you can.