Q: Hello. How to handle a landlord asking for accelerated rent when we sent a letter for constructive eviction?
Hello,
So in October, we submitted constructive eviction as the property was no longer livable and the management had not fixed it. The wall was separating from the floor and there was a massive hole leading outside which brought in rats, cockroaches, etc. As well it caused the house to flood. Due to this we submitted constructive eviction and moved out. Now my previous landlord is hounding me to pay $10,000 in accelerated rent. I am wondering what I should do now. Should I seek a lawyer and file a court case or tell them I will not be paying and wait for them to file? I am worried they will send us to collections.
A:
It depends upon the language in the lease. Some residential leases waive or impose certain conditions upon claims of constructive eviction. Some residential leases provide for accelerated rent in the event a tenant terminates a lease before the end of the lease term.
It also depends on the landlord. Some landlords will file suit. Others will sell the debt to a collection agency. Some will threaten the tenant, but then not pursue anything.
It also depends on you. Do you have non-exempt assets or funds on deposit that may be available to satisfy a judgment? How difficult will it be for you to secure a new place to live if the landlord reports the debt to a credit reporting agency? Is bankruptcy an option for you?
A tenant who is fairly sure that he/she has a solid constructive eviction case might file a declaratory judgment action or lawsuit against the landlord.
$10,000 in accelerated rent is a pretty small sum, so it may not make sense to either party to pursue a claim in court. If so, it falls well within the small claims jurisdictional limits of the justice of the peace courts. That has the advantage of neither side needing an attorney to resolve the issue.
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