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

UPDATED: Oct 18, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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