If I was evicted can I still be sued for failure to give a 60-day notice?
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If I was evicted can I still be sued for failure to give a 60-day notice?
I WAS ASKED TO LEAVE MY FORMER APARTMENT COMPLEX ON 6/15. I WAS GIVEN UNTIL 7/11 TO LEAVE OR I WOULD BE EVICTED. I LEFT ON 6/25. I RECEIVED A LETTER FROM THE APARTMENT COMPLEX SAYING THEY WERE SENDING ME TO COLLECTIONS FOR ROUGHLY $3000 FOR, AMONG OTHER THINGS, FAILURE TO GIVE A 60-DAY NOTICE. DO I HAVE LEGAL GROUNDS TO FIGHT THIS?
Asked on July 16, 2011 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to first read your written lease with your landlord for your former apartment which would control the obligations between you and your former landlord if you have one. There might be specific language pertaining to the question you are asking.
If there is no language in your written lease pertaining to your question and since the landlord evicted you, there must have been a reason for the eviction. One basis for an eviction would be failure to pay rent as required under the lease.
$3,000 is a lot of money to be sued for under a lease. Did you do something improper that warranted your termination under the lease other than falure to pay rent? Even if you have been evicted, your landlord has an obligation to mitigate his or her lost rent by trying to rent out the aprtment you rented to a third person.
The possible lawsuit against you seems to be based upon something more than failure to give a 60 day notice. Under the facts you refer to in your question, the claimed failure by you to give a 60 day notice after the landlord served you with an eviction notice which you complied with would not seem to be grounds for being sued and the entire $3,000 amount. There has to be some other reason.
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