Can a landlord rent out my apartment before I’m evicted?

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Can a landlord rent out my apartment before I’m evicted?

I am in the process of being evicted and was told by the property manager that he would not tell me how much I owe to stop the eviction because he has already rented out my apartment to someone else. I have not been to court yet. Does he have the right to refuse to accept any money from me and does he have the right to rent my apartment already even though I’m not evicted yet? Since I have a court date on the 26th of this month, it was suggested to me that I pay the 2 months worth of late fees/rent that I owe to the clerk of courts office but I’m not sure if I should.

Asked on October 18, 2011 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your landlord can enter into a lease agreement for the unit you are occupying pending your voluntary leaving of the unit or any court ordered eviction. There is nothing wrong about any conditional lease agreement that your landlord may have with another tenant provided that the agreement is properly written so as to make the new lease conditioned upon you leaving the rental that you are occupying.

If the landlord has given you a notice of eviction, he or she can refuse any money from you for additional rent. However, the landlord's refusal is subject to certain defenses that you can raise for staying at the unit after any court date that may result over the dispute.

Unfortunately I do not know the underlying facts over the dispute you have with your landlord to comment further on the subject.

I recommend that you consult with a landlord tenant attorney about the eviction proceeding against you.

Good luck.


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