Can an eviction be granted if the tenant has vacated the premises before the proceedings have concluded?

UPDATED: Aug 12, 2012

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Can an eviction be granted if the tenant has vacated the premises before the proceedings have concluded?

Asked on August 12, 2012 under Real Estate Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, I assume that you received an eviction notice. Ye, just because you did, it didn't mean that you had to imeediately move out. Your landlord sending you an eviction notice (i.e. a "notice to quit") was just them telling you that they wanted you to leave; it was only the first of step of the eviction process. So, in fact, you left before you had to. If you had stayed, your landlord would still have needed to get a court date which would have taken seeral more weeks.

At this point in your specific situation, since the case is not yet concluded, you can still go to court and argue your defense (if you have a valid claim). Unless you do, by leaving the rental without going to court, you will give up all of your rights. 

Bottom line, just because you  have already vacated the unit, you can still be sued for eviction. If your landlord wins, they can then go and sue in small claims and obtain a judgement against you.

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