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I live in a sober living and no papers were through a court and I didn't sign ANYTHING.

2007-07-08 07:00:38 · 11 answers · asked by Randy W 1 in Politics & Government Law & Ethics

This guy is saying he is a "ministry" yet he does nothing he advertises. We were given a 30 day notice to vacate then the next day we were told "never mind" but he refuses to give us a rescention notice. The guy is a definite crook, and I WANT to leave but I don't have the funds yet. I'm between a rock and a hard place! Thank you for your answers.

2007-07-08 08:17:51 · update #1

This guy is saying he is a "ministry" yet he does nothing he advertises. We were given a 30 day notice to vacate then the next day we were told "never mind" but he refuses to give us a rescention notice. The guy is a definite crook, and I WANT to leave but I don't have the funds yet. I'm between a rock and a hard place! Thank you for your answers. He is leasing the property and subletting to us. He actually let the property go 6 months into foreclosure.

2007-07-08 08:19:54 · update #2

11 answers

All the landlord has to do is give you a written 30 day notice. Regardless of signing anything, that is the property owners right.
Sorry.

2007-07-08 07:10:37 · answer #1 · answered by Anonymous · 0 0

You said you didn't sign anything, so I'm afraid the answer is yes. He can make you leave for any reason he wants as long as that reason isn't specifically prohibited by law (i.e. discrimination against your race, gender, religion, age, etc). The fact that you might have been a good tenant and didn't break any rules doesn't matter. A landlord is not legally required to keep any tenant he doesn't want, unless he signs a contract guaranteeing a tenant the right to stay for a set period of time (which is what is known as a "lease"). Although it's pretty common practice to have a lease (mainly for owners of apartment buildings and large private multi-family houses), a landlord is not actually required to have any lease in order to legally rent out his property, that's completely up to him to decide. If there's no written lease and you're occupying the apartment "month-to-month" as an "at-will" tenant, then the landlord (in most places) is only obligated to give you 30 days notice to get all your stuff out. And I think it's perfectly fair, because there are many sneaky wiseass tenants out there who manage to be distruptive or act like jerks without actually breaking any specific rules, and a landlord ought to be allowed to take action against them. It's the landlord's property, after all.

The only reason why many big landlords like having leases is because it helps guarantee that all their apartments remain occupied by paying tenants throughout the year so they don't have to worry about tenants randomly coming and going whenever they damn please and having to search for new tenants so often. However, for small landlords like me (I only own a modest 2-family house and I live right there on the property), the benefits of having a lease are far outweighed by the potential risks. In my case, having a lease would only make it much more difficult to get rid of a bad tenant as it would give him the ability to automatically challenge an eviction in court, and he'd get to stay there up to several months longer and possibly make my life hell by doing things like damaging the apartment and not paying rent. And I would nevertheless be legally required to provide heat, water, and other utilities at MY own expense while the deadbeat squats there until the court system forces him to leave (remember, a landlord is not legally allowed to physically throw a tenant off his property himself, no matter how bad the tenant gets).

2007-07-08 08:29:32 · answer #2 · answered by Anonymous · 0 0

If you are no longer living under a lease agreement, i.e. you live month to month, your landlord has the right to terminate your residence at any time and for any reason. He may have sold the building. He may have gotten someone willing to pay twice as much rent as do you. It doesn't matter. It's his building and you have no long term agreement. You might be able to entice him into letting you stay if you offer to sign a long-term lease, like 12-24 months. Landlords love stability and are willing to reduce the rent to get it. There's nothing worse, from the landlord's perspective, than an empty apartment that generates no revenue.

2007-07-08 07:08:43 · answer #3 · answered by Anonymous · 0 0

If your lease is almost up, then he can do so, which means he doesn't want to extend the lease another year (or 6 months, or whatever) to you. He has to give you enough notice, 30 days is the norm, before your last month of the lease. If your lease is NOT almost up, then he has no right to do so without going through the courts first.

2007-07-08 07:11:50 · answer #4 · answered by Live4theWeekend 4 · 0 0

California law, an oral agreement is valid, the landlord can without reason give and have enforced a 30 written day notice to vacate, you also have the right to give the landlord a 30 day written notice that you want to vacate.

2007-07-08 07:08:55 · answer #5 · answered by niddlie diddle 6 · 0 0

your landlord has the right to issue you a vacate notice simply because "owner wants possession". don't know what state you are in , but here in Florida if you are month to month, they can give you a 3 day notice, and if you are not out by that time the sheriff will come and put you out.

2007-07-08 07:13:13 · answer #6 · answered by inkme 2 · 0 0

Yes they can. It's there property and they may have reasons for you to move, for example they want to renovate the property and up rents, or they may want to sell the property out right and want it vacant for the sale. There are many reason and as long as you are given proper notice they can ask you to move.

2007-07-08 07:04:54 · answer #7 · answered by Anonymous · 1 0

It depends on your rental agreement - "tenancy at will" means either party can terminate the agreement at any time, for any reason.

2007-07-08 07:05:24 · answer #8 · answered by Trapped 5 · 1 0

I don't think so unless there's more to the situation you aren't telling us.....

2007-07-08 07:08:46 · answer #9 · answered by blahblah 5 · 0 0

SURE THEY CAN.. ON NOISE.. OR EVEN IF THEY ARE SELLING IT...REMEBER YOUR ONLY A RENTER YOU OWN NOTHING.

2007-07-08 07:04:25 · answer #10 · answered by Anonymous · 1 0

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