i do not have lease
2006-11-26 17:16:13 · 11 answers · asked by lance z 1 in Business & Finance ➔ Renting & Real Estate
If you don't have your name on the lease then yes they can ..... but when they do report them for illegal sub-letting
2006-11-26 17:18:09 · answer #1 · answered by Anonymous · 0⤊ 2⤋
Yes their can just kick you out if they don't want you to live their anymore. The only time they can't is if you have a written agreement that says otherwise. Lets if the written agreement says you can stay their as long as you pay rent for $80 for 1 year. Then they can't kick you out until that year is up. The written agreement must be signed by you and the person that pays the rent, who the lease is under. If they do, you can take them to court and bring your written agreement. They must legally honor what you and the person that pays the rent agreed on based on the written and signed agreement. The only way that the written agreement would get nal invoid is if you broke one of the rules stated in the agreement or if your like a threat like hurting someone else or tossing the place. A judge would here both sides and make his desision.
2006-11-27 01:23:14 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Once someone accepts rent from you, it changes your relationship from personal to business - as in Landlord and Tenant, and as such you have rights.
The fact that you don't have a lease does not matter. You still have a valid tenancy, or sub-tenancy, and must be given proper notice. Anyone who thinks otherwise is sadly mistaken. Trust me on this. Our office represents roommates and tenants who have been kicked out without notice or without proper notice on a regular basis ... and we haven't lost a single one of these cases.
The length of the notice is determined by the law in your state, but it is normally at least 1 full rental period. If you don't leave at the end of the notice period, they will have to proceed with a formal eviction through the courts.
They can't legally just toss you out. And if they do ... it's called a self-help eviction and you can have them arrested in some places, but you have a lawsuit in ALL places.
2006-11-27 09:40:52 · answer #3 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
I am pretty sure they can kick you out but there is generally a 30 day notice (even if you are not on the lease. You still have an agreement and you have fulfilled your part by paying your rent on time). Now, if they kick you out without notice and thus, without time for you to look for another place then you can easily take them to small claims court and file a claim. You can be compensated.
2006-11-27 01:26:09 · answer #4 · answered by the_lookouts 2 · 0⤊ 1⤋
If there was no contracted lease or rent they pretty much have the say on who lives there. Since they laid no conventional rules down your pretty much under their control. Besides if the size of the apartment is not large enough to accommodate you and your roommates than they would be illegally there anyway by law you have to have so many square feet per person. besides it their residence they don't even really got to give you reason to make you move just a 30 day notice
2006-11-27 01:21:23 · answer #5 · answered by DR.PHIL-A-LIKE 3 · 0⤊ 1⤋
It really depends on the laws regulating rental units in your community. Even if you're not on the lease, you may have rights. Signing a check paying for rent and then them cashing the check may be proof enough of your rental agreement. Contact your local tenants' union or legal aid organization for assistance.
Good luck!
2006-11-27 01:32:33 · answer #6 · answered by althegrrl 3 · 0⤊ 0⤋
Possibly. It depends on your local laws.
In my community, yes, they can, if your name is not on the lease.
If you leased from the apartment manager, you may have recourse, but if your friends just rented you a room in their apartment, according to the laws in my community, they are in violation of their lease contract, and they can be evicted.
The landlord may have told them they are in violation, and at risk of being evicted themselves.
Every community's laws are different. Some communities have renters rights advocate agencies.
2006-11-27 01:28:02 · answer #7 · answered by David P 4 · 1⤊ 0⤋
If you don't have a lease how was the rent negotiated, and what penalties were their if you missed a rent check. I have a feeling they would have the right since nothing is in writing.
2006-11-27 01:18:21 · answer #8 · answered by Jon R 2 · 0⤊ 0⤋
No No NO! They can not just kick you out, You have a verbal agreement and that protects you. Your roomates have to take you to court to get you out and they have to give a reason, you do not need to have a lease, If they try to put you out without taking you to court you can take them to court and sew them SO! THERE YOU HAVE IT!
DO NOT LISTEN TO THOSE PEOPLE WHO ARE TELLING YOU THAT THEY CAN DO WHAT THEY WANT, READ UP ON IT LIKE I DID. landlord tenant court (google it) also tenant rights for the state you are in.
2006-11-27 01:22:12 · answer #9 · answered by bouncey1yeah 2 · 1⤊ 2⤋
Without a lease, you are month to month and owners can usually terminate with a 30 notice. (unless you are in some special protected building or zone)
2006-11-27 01:21:49 · answer #10 · answered by kate 7 · 1⤊ 1⤋
If you don't have a lease, then they can do whatever they want (although they should have been nice enough to at least give you a notice).
2006-11-27 01:19:23 · answer #11 · answered by doodlebugg 3 · 0⤊ 2⤋