[RPPTL Leasing Committee] Eviction Question

[RPPTL Real Estate Leasing Committee]

Hi everyone.  I have an eviction question (and for those of you who know me, no I am not the litigator here 😊).  Here are the relevant facts:

Lease ends November 30th.
T fails to pay rent for October and November
L files an eviction complaint in November (fails to personally serve T who is still on the property but later posts on the door)
T contacts L and advises that he will be moving at the end of November and L can offset the two month’s past due rent leaving T with a balance of less than $50
T moves out and T & L inspect the property at the end of the lease.
L relets the premises
L sends notice of claim to withhold SD and notice of balance of <$50
Now T’s attorney has filed a motion for final judgment of eviction and attorney’s fees.

My question is whether the eviction action is moot since the lease has expired.  I believe it should be dismissed since there is no longer a LL/T relationship between the parties.

Side note: the fee request is fairly significant and seems out of line with what the efforts should have been. Should there even be a final judgment of eviction to base the fees on?

Does anyone have any advice for how the T’s attorney should respond to this motion for final judgment? I think it should be motion to dismiss because the issue is moot.

Thanks for your thoughts.

Brenda


Best regards,

Brenda B. Ezell, B.C.S.

[BCS]

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