Landlord is trying to force our son to move with one day notice even though is rent is paid up as to prior agreement. This is a week to week rental and two weeks paid day before son was told to move by today.
2006-10-15 04:44:42 · 5 answers · asked by honkerflight@sbcglobal.net 1 in Business & Finance ➔ Renting & Real Estate
It doesn't matter that there is no lease. The second someone takes money for rent, they are your landlord and you are their tenant or a sub-tenant.
The minimum notice period is one full rental period in every state that I know of, and the paid period usually is not included in the notice period because accepting rent after you give a tenant notice invalidates the notice in most places.
If your son has already paid and the landlord accepted his money, he doesn't have to go anywhere until at the very least his paid period has ended.
If the landlord locks him out, he can get a court order to gain access and he can sue the landlord. We take lockout cases all the time because it's easy money. It's illegal to lock someone out without a court order, and the tenant always wins damages.
2006-10-15 06:14:57 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 1⤋
Check with an attorney. Weekly rentals typically require a week's notice to quit though some juristictions require the "standard" 30 days. The fact that rent was pre-paid may or may not factor in. Again, you need to check with an attorney for specifics.
If the property is a hotel as opposed to an apartment then landlord-tenant law normally does not apply. Different laws apply to hotel guests, and hotel guests can often be put out with no notice. Unlike an apartment, the police can remove a hotel guest at the request of the owner.
2006-10-15 14:15:51 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Moost state laws say you have to give what ever the terms are....if it's a lease...the lease can be a 30 day notice.
If it's month to month....a 30 day notice from either party must be given.
If it's a weekly...the same applies....at least a weeks notice must be given.
If the landlord does anything like turn off power or any utilities....they could be arrested and be sued big time.
Check your state laws on residency.....some say if a person has lived in a place for more than 2 weeks are established residents.....otherwise they are guests and could be forcfully removed by the police.
2006-10-15 11:56:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
son has no signed lease
the landlord can do what they want
2006-10-15 11:47:32 · answer #4 · answered by Mopar Muscle Gal 7 · 0⤊ 0⤋
Go to your local Legal Aid and get their advice.
2006-10-15 11:52:55 · answer #5 · answered by branchcaptain 3 · 0⤊ 0⤋