What fees can you be charged for if you are evicted?

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What fees can you be charged for if you are evicted?

I am trying to clean up my credit and need to get rid of an eviction from 2005. I just got an itemized statement which totals over 5K. I was on a month-to-month lease and I was evicted for non-payment of rent. I notice that I was not only charged the legal fees for the eviction but also $1650 for not giving notice and a $700 re-letting fee. Did I have to give notice or pay a re-letting fee if I was evicted? I am also being charged for repainting the apartment but isn’t that required for them to do before the rent it again? I don’t live in TX anymore so who would I contact?

Asked on July 18, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written lease regarding the terms of your former rental, you need to read it carefully in that its terms typically control the right and obligations between the landlord and yourself. In the written lease assuming there is one, there should be the monthly rental, late fees, finance charges, clean up fees and other charges if you are evicted due to failing to abide by the terms of your lease.

If you had a lease term longer than a month remaining, potentially you could be responsible for the months that you did not pay rent for, but were/are obligated to pay. The landlord does have an obligation to reduce any monies he or she could be damaged by your eviction by trying to rent out your former unit.

As to allowed fees such as re-letting fees, the laws of each State vary on the subject. Perhaps you might contact the county bar association about your questions and see if they sponsor a landlord/tenant clinic that could help you.

Good luck.


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