If you break a lease can the landlord evict you for unpaid rent? I want the owner to use the security deposit towards the unpaid ren, is this lega, I want to avoid an eviction.

If you "break" a lease, the landlord can petition the court to evict you on grounds of unpaid rent or breach of contract or objectionable conduct or nuisance. If, for instance, you owe some rent, the landlord can, in New York, start a special proceeding in housing court to obtain a possessory judgment of eviction. Such a judgment would have a dollar amount, but would not be separately enforceable as a money judgment. If the landlord elected to sue for breach of contract in a 'plenary' action, he could recover possession and obtain a judgment for money damages. Most tenants and even some lawyers don't know the distinction; and, practice is different in other states. As for the security deposit, spending down the security deposit is a time-honored tradition: too-often a landlord wants to charge for things that aren't broken. Have you ever heard of a landlord paying the interest back on the security deposit? If the costs are less than legal fees, people generally can work things out. However, as indicated, if tenant breaks the lease, the landlord could have a claim for rent until a new rent paying tenant, paying comparable rent, moves in: this is done with high-rent and commercial leases. If you need specific advice, ask a competent tenant's lawyer; you could get some useful info from a tenant's organization.

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The person who wrote this is a lawyer, but semi-retired.
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by markanon on December 12th, 2006
Who, you or the question person?
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by JUSTNORMAL on December 12th, 2006
Me. That was my way of saying that if he needed a less complex explanation, ask a simpler question. Frequently, people spend down their security deposits, and if they voluntarily depart, there's no need for an eviction - the question is, will the landlord sue him for claimed rent arrears, and that depends on how much is owed and what kind of temper the landlord has - sometimes a landlord is cool about things, and sometimes wants every penny he or she feels he or she's entitled to or can squeeze by throwing his or her weight around - or the landlord's attorney, whether or not it's 'legal' or not. Anyways, I was trying to be helpful to the person who's asked for advice - and for other people who might need it - and, not for some snotty jerk like 'justnormal.'
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by markanon on December 12th, 2006
Excuse me? I am not snotty but when you wrote the "person" I was not sure who you meant. I am a property manager part time and I know the laws here, and its alot of work evicting tenants. Name calling is very immature, but I take comfort in knowing you are not practing any longer
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by JUSTNORMAL on December 13th, 2006

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If you break a lease can the landlord evict you for unpaid rent? I want the owner to use the security deposit towards the unpaid ren, is this lega, I want to avoid an eviction.

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If you break a lease can the landlord evict you for unpaid rent? I want the owner to use the security deposit towards the unpaid ren, is this lega, I want to avoid an eviction.

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