If I’m being evicted from an apartment for a conduct violation, can they still charge me monthly payments until the unit is re-rented?

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If I’m being evicted from an apartment for a conduct violation, can they still charge me monthly payments until the unit is re-rented?

This will mean I will need to pay double rent. I am on unemployment ($17,000 per year). Are their any options?

Asked on February 9, 2011 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, the landlord probably can do this, though most don't bother. Assuming you have a written lease, that lease is a contract binding or obligating you. If you have violated terms relating to behavior or conduct (or generally disturbed the peace, since a "covenant of quiet enjoyment" is implied to all leases; as is that the tenant shall not reckless or intentionally destroy landlord's property or threaten landlord), then your breach enables the landlord to evict you but does not remove from your obligation to pay rent.  You can be held liable for the rent for the remaining period of the lease or until the apartment is re-rented, whichever comes first. For most conduct violations, other than drug-related criminal activity in public housing or threats vs. the landlord or his property, you probably first should have been sent a notice to cease and given a chance to stop the conduct before eviction goes forward.


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