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 13 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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