What is the penalty for evicting a non-paying tenant without going through the court system?

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What is the penalty for evicting a non-paying tenant without going through the court system?

Asked on July 26, 2011 Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are a number of different conseqences the landlord could suffer; it is possible to suffer more  than one:

1) The tenancy might be reinstated--i.e. the tenant can move back in.

2) The landlord could lose the right to sue for any rent after the eviction (normally, if a tenant is evicted properly for a violation of the lease or nonpayment, the landlord can seek rent for the balance of the lease term)

3) The landlord could pay compensation or damages to the tenant, such as moving or storage fees, court and legal costs, etc. These damages could potentially be significant, such as if the tenant had been receiving public assistance (e.g. section 8) but lost it due to the eviction, or if the tenant had to rent a new space at a premium in price.


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