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I'm renting an apartment in New Hampshire. Recently, I broke the state renting law by a "behavior that affects the health and safety of others". I got stuck in the mud of the landlord's yard at 3am and created some noises while attempting to get the car out. The landlord wanted to kick me out because of that and he gave me 7 days of notice. I agreed with that. We mutually breached the contract. I have two question.
1. The date that I moved out was in the middle of May. Meanwhile, I paid full the rental for May. Can I get refund for unused portion of rental?
2. The lease is one-year lease and last until July 31th. If I got evicted, I am not responsible for the unpaid rent which is June and July, am I?
Thanks for your consideration and looking for some help.
You need to get it in writing that the lease was ended mutually. Your landlord can't evict you because you were noisy one time - especially given your circumstances when it happened. If I were you, I wouldn't have agreed to that to begin with. As far as I'm aware, however, since you mutually agreed that you would move out, it should be treated like any other move out situation. Again, I'd get everything in writing. The landlord could take you to court and tell the judge you abandoned the rental and what proof would you have against that? And you weren't evicted if you left voluntarily. An eviction is when the LL takes you to court and has to have you thrown out because you refuse to vacate and after having one of those on your record, it is near impossible to find anywhere else to rent without a cosigner. What you did would be considered breaking your lease (if the LL decides to go back and say s/he never agreed to let you leave).
I'm renting an apartment in New Hampshire. Recently, I broke the state renting law by a "behavior that affects the health and safety of others". I got stuck in the mud of the landlord's yard at 3am and created some noises while attempting to get the car out. The landlord wanted to kick me out because of that and he gave me 7 days of notice. I agreed with that. We mutually breached the contract. I have two question.
1. The date that I moved out was in the middle of May. Meanwhile, I paid full the rental for May. Can I get refund for unused portion of rental?
2. The lease is one-year lease and last until July 31th. If I got evicted, I am not responsible for the unpaid rent which is June and July, am I?
Thanks for your consideration and looking for some help.
You didn't get evicted. Your landlord said "you are an obnoxious roustabout, and I would appreciate it if you would GTFO my rental" and you said "But of course good sir. I will vacate post haste."
Laws differ from jurisdiction to jurisdiction, so I suggest you contact someone from your state, county or city who deals with landlord tenant issues. This is just a guess, but I doubt were legally evicted. That said, if the law is on your side, the law would also be on his side to force you to pay for the repairs to whatever damage you did to his lawn (being stuck in the mud at 3 AM implies drunkenness and sod damage, but I could be wrong.) Perhaps the rent money is just the price you need to pay for a lesson about being a responsible adult. Feel free to correct me if there is a reasonable explanation about how you got stuck in the LL's yard at 3 AM.
I believe you state has What they call housing court and perhaps they call it an eviction when something like that happens.
Over here since you both agreed you came to a mutual agreement and you should try to get that in a form of an email or txt or tape it since NY is not like. Florida where we have a 2 way consent issue but having seen Sterling in a 2 way consent State it seems it doesn't matter any more you can tape anyone (don't try this since it may only be allowed if your name is Sterling)
If you have proof nothing can happen and perhaps it is better to let go of the 2 weeks than trying to see if you are lucky or waste more money on court costs. JMO! After all you admitted to be fault and you seem to be the one who started it.
You are not being evicted, you're agreeing to vacate. Get IN WRITING that you are "released from the lease and all its terms" and that "no further action from either party will occur". I imagine he'll keep May's rent; your deposit will probably depend on how clean you leave the place. Whatever he wants or agrees to, just get it in writing. I am not an attorney and this is not meant to take the place of legal advice, you may want to consult a lawyer.
Btw if someone gets evicted and would have pro rated for the months ahead than they may get some money back but do you really expect to get money back in an eviction case?
Many evictions are for unpaid rent and others are for damages...why otherwise would someone being evicted!
It will be hard to evict someone for not having nice friends or being unfriendly, rude, etc. so in most cases no repayment will take place since money is owed since in an eviction the court costs will be added to be paid by the losing party and usually that will be the tenant.
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