Paying rent back to tenant after eviction

5 Replies

Hello,

First time posting and a newbie landlord with a nightmare tenant. So we have a tenant that violated the lease after he paid rent. He had people over who had illegal drugs, gunshot, and an arrest was made. Do we need to pay back the rest of the months rent if we want to evict him? What if I pay back the rent and he decides to stay longer?

Thanks for your advice

Hi Tien,

I would think that - if you're evicting them, then the court would decide. In my experience the judge simple evicts them and no money is returned.

Good luck.

I would prorate the rent for the time he lived there. I would certainly not refund him until he is gone and you have squared away his security deposit.

You wont have him evicted in 1 month ,  there will be no reason for a refund of rent . 

Great, thanks for replying! :) I had thought the same as all you, but my eviction lawyer says to prorate and pay him from the end of the month to the time we sent the 3 day notice, but it doesn't make sense if he doesn't leave and stays the whole month. 

And It's's true we can let the judge decide when it comes time.

Thank you so much!

Give him 3 days to vacate on his own before you file and if he leaves apt in broom clean condition then prorate any unpaid rent and return deposit as long as no damages.. A person like this you want out ASAP and let him know if you file a eviction action that will stay on his housing record.. You would file for cause and get a copy of the police report to take with to court if you go that route.

You are ending his tenancy,,if he's current in rent then you can't file for money owed.  You would be required to refund any rent days he had paid up to time he leaves if you get a court approved eviction action for cause, lease violation. and would be required to refund deposit if no damages .. but you can hold out cost of court fee's. 

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