Can i move out of my landlord's house if we have a court case going on?

Question

So, my landlord wants to sue me with an unlawful detainer. I want to sue her back. Her house is dirty, lots of ants and mosquitos, the sink is leaky and she doesn't repair it. The inspection has not happen yet. The hearing date will be in OCTOBER. So, if I move out to another house, will I lose the case or can I still be able to fight her back? Can I move to another house and still sue back?

lullaby · Answer

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Beverly S · Answer

What would you sue her for?    I'm guessing you are behind in rent?  You will lose since you live there.. nothing is free.  If you intend to try to get money since the house is dirty... (your job to keep it clean).. or misquito's and ants.. they aren't going to give you money for those.  I would move immediately, you are owing rent for every day you stay..

Casey Y · Answer

When was the last time you paid rent?  That's the problem now...whether you move out will be irrelevant...other than limiting the days for which she could potentially collect.

Landlord365 · Answer

Go a head & move before you get an eviction on your record. What you stated here would not typically win in court. Even if you did win all you typically would be granted is released from the lease without paying. You will not get a pay day out of this.

Move out without notice & you will still owe any back rent as well as an additional month for failing to give proper legally required notice.

Anonymous · Answer

You will still owe money for rent not paid. You can attempt to sue back, but with what you've written you won't win. You will lose & have an eviction on your record that will prevent you from renting most other places.

Politically Correct · Answer

If you want to move out you will have to give written notice.  If you have a lease, that will be binding until it  terminates,  A dirty house, ants, mosquitoes and a leaky sink are not sufficient reasons to break a lease.

But 'unlawful detainer' means you are being evicted for non payment of rent.  If you are living there  and have not been paying, you will lose the action your landlord is bringing.

Can you move?  Yes you can move.  You will still owe arrears  but there will be no eviction if  you have left before the case is heard.  This debt will be on your record however.

Can you sue her?  For what would you sue.  A dirty house is your fault.  Ants and mosquitoes are annoying but harmless.  She will say that she is attempting to get the leaky sink repaired.  It costs money to sue someone.  On the basis of the facts you have given, you will not win.  If, in addition, you have rent arrears judge may make you pay her legal fees as well as your own for wasting the court's  time.

Can i move out of my landlord's house if we have a court case going on?

7 Answers