Who is correct?

Question

I'm about to rent out few rooms to people. My good friend (he's almost like a father figure to me) told me it's better if I don't have them sign anything. So if I ever need to evict the tentants, I can do it on spot.

I think it's better if I have them sign paper or something that stated I have full right to evict them within 24 hours if it's something serious. 3 days if it's not something serious.

Who is right?

Answer 1

You are.

And your way will avoid a lot of lawsuits too. (or at least you having to pay up for kicking someone out)

Answer 2

You don't need a signed lease for the tenant to be protected from unlawful evictions and for the landlord to avoid the required procedures for evictions. All of those procedures are outlined in your state's Landlord Tenant Act What you need to do is go to your state's Attorney General's office (you can get there from your state's web site) and look at the information and pamphlets they have on rental agreements.
Once you learn about what your state's laws say about rentals then I would have in addition to a written lease, an inspection report completed by the landlord and the renter and an application from the renter.
Buena Suerte

Answer 3

The seemingly obvious answer would be to have everything in writing. However, in this case your friend makes a great point. If the individual signs a lease or occupancy agreement, he is a tenant, with tremendous rights. If not, he may be construed as only a guest.

Any provision put into a contract is void and unenforceable if it violates any law or statute. While in some places you may be allowed to give notice of immediate eviction, nowhere will a tenant be forcibly removed within three days of notice.

Answer 4

Who's right?

Neither of you.

To evict someone, you must follow the exact legal procedure outlined by law in your area, and you must have a court grant you posession before a tenant has to leave.

A person may not sign away their legal rights. Any document you have a tenant sign is unenforceable if it is contrary to law.

Answer 5

Get it on paper. It's just stupid not to. Without that, they can also leave with no notice, and you've got no standing to claim any more money.

You need to do this like a normal landlord. 30 days notice, none of this 24-72 hour crap. That's just ridiculous to expect that someone can up and move that quickly.

If you're really concerned about them doing something so bad you'd want them out in 24 hours, find a different tenant.

Answer 6

I think if you have them sign a paper then you must follow the rules for landlords in your state. You would have to go to court to evict them. If they dont sign then you can make them leave anytime you want to BUT you must hold on to any of thier belongings for 30 days before you get rid of it.

Answer 7

When dealing with any type of real property, ALWAYS, but ALWAYS put the agreement in writing. The old saying was never so true when it comes to real property, "an oral contract isn't worth the paper it's written on."

Answer 8

It's like getting a recite at the grocery store. Always get a recite and always give one. Just write up a simple contract and have them sign it. Cover your own butt. If you want to make the tenants responsible for minor repairs, put that in their too, but don't get too detailed with it. You know, like if they want to paint, put in the contract that they are responsible for the materials. It can save you some money.

Answer 9

Get it on paper!..ALWAYS..ALWAYS...ALWAYS...A contract is only as good as the paper it is written on..If nothing is written down you have absolutely no leg to stand on in a court of law..he said she said is not a very good argument with your facing a judge!..ss