Can a landlord file a unlawful detainer for an for an apartment that you no longer live in?

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Can a landlord file a unlawful detainer for an for an apartment that you no longer live in?

Gave notice I was moving and according to paragraph 3 and 4 I only had to give a 30 day notice. I moved in 06/10 and a law suit was filed for unlawful detainer even though they received the keys back several months after I moved and repeated bills being sent 2 or 3 times a month. The landlord has not attempted to re-rent that apartment in all this time.

Asked on April 25, 2011 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the problem:  you are basing this question on a contract - the lease - that needs to be read in full to determine if your actions were permitted and not a breach of contractand if your landlord has a valid action against you.  An unlawful detainer action is an action begun by a landlord to initiate eviction proceedings.  Landlords do so after a party has vacated the premises for many reasons: to obtain a judgement for rent owed and/or to obtain a formal decree allowing them to re-enter and re-rent the apartment.  Landlords do this when they believe that there is still a valid lease in effect.  So I need you to go and seek help from an attorney in your area.  Good luck.


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