What tenancy rights do I have if facing eviction?

Question

I do not have a written tenancy agreement, but have been paying rent and community tax for over two years and have been told (not in writing) that I have two months to leave.

Answer 1

You are not facing eviction.
You have been given reasonable time and told the tenancy is no longer available for renewal.
Without a tenancy agreement you cannot do anything.
Ask for the request to be put in writing and start looking for somewhere else - sorry.

Answer 2

I am not an attorney and am not giving legal advice. I am a Realtor in Texas. If you have no written lease, depending on your state of residency (laws vary by state), you are considered a "tenant at sufferance". This means that you are living in a domicile and the landlord/owner wants you to move. Even though you have no writtem agreement, you still have rights as a tenant.
In most states, real estate agreements (contracts) must be in writing to be enforceable. In your case, state law will dictate what each parties rights and obligations include. There can also be local and federal laws which may be applicable, in the event of dicrimination, etc;
Look up the nearest Tenant's Council to your locale and contact them immediately. They will speak with you briefly by phone and make an appointment for an interview with one of their trained staff counselors. They will know exactly what rights and obligations you both have avaiable. They will help you to determine whether your rights are being violated, and to pursue and remedies such as legal action, letters to landlords, etc;
They can also report your landlord for improper conduct, illegal activities, etc; This is a free service. If they refer you to an attorney, that help may also, but not necessarily, be pro bono (free) as well. Document everything that has happened, gather receipts, and keep copious notes regarding all interaction, verbal and otherwise. Do not withhold rental payments, make threats, etc; If they try to evict you, show up and tell the judge your side of the story and bring whatever evidence you have to court. Do not damage the property, or do anything that would add credit to the landlord's case. Be nice, judges don't like mean people, neither do landlords...

Answer 3

Is there a record of your rent payments? Seems to me that you don't have a legal leg to stand on if there is no record- have you been paying community tax through your landlord or in your own right? Maybe if you have been paying direct to the council then they will have records- if not, then again, I'm not sure that you do have any rights to remain in the property.
Seems though- you can request written notice though I think it may be irrelevent- find somewhere else but make sure you sign a contract!!!!
I'd be interested to read what other people have to say.

Answer 4

If you live in the UK you have tenancy rights even without a written agreement, but they may be difficult to uphold. The website below gives some information which may be helpful.

Answer 5

Given that you don't have a written lease and have been given 2 months notice I doubt you have any recourse. However, the landlord should give you a written notice. 2 months should be adequate time to find another apartment. If you want to know if you have any other legal recourse you may find that there are many attorneys in your area (like here in NY) that offer a one-time free consultation. Otherwise, you better start looking for a new place to live. And this time, protect yourself with a lease. Live and learn. God bless!

Answer 6

You need to ask specialist advice on this question, because it depends upon the exact circumstances. For instance, it depends if you are living in the landlord's home and it depends what grounds the landlord has for wishing you to leave, amongst other things.

In the United Kingdom where I live the best starting point is the local Citizens Advice Bureau.

Answer 7

Yes sorry you should have gotten a sub-lease agreement signed. Maybe if you were making payments to the Realtor and have proof you could get an extension on time to move from a judge.

Answer 8

First of all I am not a lawyer---don't even play one on TV--so with that said---It strongly depends on where you are located--laws vary wildly on this subject from state to state within the USA and I'm sure get even wackier from country to country and in Y_A one never knows --there are people in here from everywhere----So--if you are in the states--my suggestion here is that you contact a local chapter of Legal Services --most usually you'll be able to get their number from people at the local Human Services Dept or possibly an area Social Service group---the people at Legal Services deal with this sort of thing all the time and they will be able to get a grip on this and set you in motion on the right way to deal with it in the best manner available to you under the laws and guidelines in your state-----Hope this helps

Answer 9

I'm not sure of your origin because you refer to community tax and I don't quite know what that is, but in the US, you've been given double what is required by law. 30 days in writing is all lessors are required to give. Until you receive the notice in writing, stateside, you have not been given notice. It is the Lessors job to figure that out, not for you to tell them. Regardless, I would start packing. Sorry.

Answer 10

This depends almost totally on which state you live in. Contact a local reference librarian or your nearest State Attorney General's office for information on finding the details of what rights, if any, you have.