We were in our last month of our lease and we did not pay the last months rent so we could afford to move our kids to another home. The landlords knew 2 months ago we were leaving at the end of our lease and they knew we already moved out as we have been working on fixing up the property hoping the security deposit would cover the last months rent. However the landlord is saying they are going to file an eviction and small claims. I get how they could file small claims but we aren't even on the property and our lease up, can they honestly file an eviction when they have the property back?
If you do not live in the residence and the lease is over, the landlord cannot evict you. If they believe you owe them money, they can file a case in small claims court for any money the landlord believes you may owe.
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