If I put in my 30 days notice, can my landlord still fill an eviction?

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If I put in my 30 days notice, can my landlord still fill an eviction?

I gave my landlord a 30 days notice and even called to tell her that I was moving the following weekend and misplaced the keys. But 2 months later I got a call form a bill collector that I been evicted and I owe court fees. I wasn’t aware because I had move out. Is that right?

Asked on May 7, 2012 under Real Estate Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No--eviction determines possession of a rental premises; you cannot be evicted if you are not in possession of the premises and not even trying to assert some right to possession. If you'd already moved out AND had clearly given possesion back to the landlord, you should not have been evicted, and therefore should neither owe any court costs for eviction nor have an eviction reported against you. You should contact the court which issued the eviction, explain the situation, and inquire into how you could have the eviction dismissed.


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