We are currently renting a house from a friend. The friend swore that because we were friends we didnt need a lease, we didnt want to, but went along with it. Well, now, 6 months later, he has sold the house to his father because of finacial troubles. His father calls us out of the blue to tell us what happened and says he is upping the rent and will expect 1st last and security by June 1st. We cannot be out until the end of June as we need to time to save for the cost of moving. Since we have no lease, if we decide not to pay Junes rent, can he legally evict us before then? I know we cant hold him to any standards because we dont have a lease, so can he hold us to any for the same reason? Can he evict us or sue us for the rent if we have no contract?
2007-05-10 05:42:20 · 3 answers · asked by My two cents 4 in Politics & Government ➔ Law & Ethics
OK - he can take you to court to get an eviction notice - but enofrcing the eviction is a whole nother issue. WHat you need to do is let him start proceedings for eviction and have your friend brought into court to testify. If that is going to rpove to be a problem because that is all through family, then attempt to speak witht he father and explain that while you are capable of moving, even a court of law wouldn't force you out unless you were not paying anything & that chances are a verbal agreement through the previous owner would hold up - so he can owrk with you or take you to court. In the meantime - get packing and find another place to move because you are in a situation where you could easily be taken advantage of - all this man wants is $ to help his son out and he sees you as part of his cash flow.
2007-05-10 05:49:29 · answer #1 · answered by martiek7 3 · 0⤊ 0⤋
There is a new owner. You would qualify for "holdover tenant". The conditions would remain the same until the date of the rent increase. Since the rent increase takes effect June 1 you only need to pay for that month's rent. The landlord may try to charge for "damage (for June)" but it has to be in excess of normal use.
Normally when a lease agreement is made landlord can and usually does require security deposit, and last month rent, as well as the first month rent before you move in!!!! If you are moving out at the end of June there is no good reason to add these extra fees. (They need to be returned to the tenant ( sometimes with interest) if there is no damage or rent owed) A lease agreement is normally 1 year although sometime it is 2 years.
IF YOU SIGN A LEASE STARTING JUNE 1, SECURITY DEPOSIT, AND LAST MONTH RENT CAN BE ADDED!!!!!
2007-05-10 06:19:13 · answer #2 · answered by David M 5 · 0⤊ 0⤋
He cannot simply up the rent by calling you. He has to have you sign a contract or new lease with the new rental rates.
Also, you may want to look into seeing if your area has Rent control. Meaning, he can't up the rent more than certain percentage.
Since your original "verbal" contract was with your friend, you will have to provide proof (via canceled checks , or other records like a receipt) showing that you were paying a certain amount for the Rent. This is what is considered month-to-month rent.
Other than that, no, he can't simply say "hey, im raising your rent!" . A new lease with him must be agreed upon, and in accordance with your state laws. Consult a lawyer who handles landlord/tennant disputes
2007-05-10 05:47:34 · answer #3 · answered by arus.geo 7 · 0⤊ 0⤋