Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Can somebody tell me what their thoughts are on evicting a tenant without notice when there is no signed lease? The tenant has not received any mail and as far as I know cannot otherwise prove he ever actually lived with me. I am considering changing the locks while he is gone and advising him I will let him get his things when he pays the late rent. He paid the first month's rent at my bank (counter credit) and bounced a personal check. Any comments are appreciated!
Can somebody tell me what their thoughts are on evicting a tenant without notice when there is no signed lease? The tenant has not received any mail and as far as I know cannot otherwise prove he ever actually lived with me. I am considering changing the locks while he is gone and advising him I will let him get his things when he pays the late rent. He paid the first month's rent at my bank (counter credit) and bounced a personal check. Any comments are appreciated!
Is this a tenant, or a roomate? The rules would be different.
As a general rue of thumb, a rental without a lease is usually considered a month to month. When your tenant first bounced the cheque on you you should have immediately written him a certified return receipt letter advising that if the check was not made good within, say, ten days, his tenancy would be considered over and he has one month to move out. If you do not have a mailing address for him, you can hand-deliver the letter to him but make sure you obtain his signature as proof of delivery.
Resorting to self-help as in changing the locks and holding his property hostage will, in most states, get you in a lot of trouble.
Check with your local legal aid office for specifics on the laws in your state. Caveat emptor - cover your bases better next time around, get first, last and one month security up front along with a simple month-to-month lease agreement (standard agreements are available at most office supply stores and online.) Cheers!
Once....a while back....I invited someone to live with me....this was in PA. Things got ugly and I called the cops. I was informed, that even without a lease, I could not toss this person out in the street and they had 30 days regardless. I was warned to be more careful in the future....and I have been. NEVER let anyone move in without some sort of written agreement.
You will find yourself in violation of the Fair Housing Administration - part of HUD - which controls every rental situation except for motels ... and even then, there may be some applications.
Don't know how you got yourself in a position to rent to or evict anybody - but I would advise you to immediately contact FHA (Fair Housing - NOT - Farmer's Home Admin) and get yourself some training ... today! In addition to many publications and questions they may be able to help you with online, they hold seminars in most states more than once each year.
You can't evict anybody without a court-order. You can't get a court-order unless you do things right.
Here's a key for anybody in the rental business - from an RD Landlord .... Get Out of the Pain-in-the-Apples Business!!!! The same rules that govern that 750-unit Apartment complex down the road also govern Aunt Sophies attic apartment.
Take two aspirin. Take two more. Take two more. Keep taking them.
You might have to suck it up and try reason along with bribery. Realize that you will suffer a loss, try to minimize that loss and not make mortal enemies along the way.
This is how I helped a friend of mine in a very awkward rental situation.
His 69 year old tenant had a stroke and passed away from complications about 6 weeks later. In the interim, a dozen family members moved into the home to take care of "Mom" In that time, all utilities were turned off for non-payment. With no water and using only candles for light, the situation was ripe for a disaster on top of the tremendous loss the family had suffered.
I brokered a deal where the family would receive $1000 in cash to help with expenses, a 60 day prepaid public storage unit for their mother's belongings and all outstanding rent and damages would be forgiven IF they voluntarily vacated. I explained that nobody wins when the Sheriff comes to put you out and living in a home without water, heat or lights is just plain dangerous and why have an eviction on your record.
It worked and everyone left peaceably.
Sometimes you just need to be pragmatic and make the best of a difficult situation.
We are rent a house with no lease and have a 9 month old baby the landlord wants us out because he cant afford the utilities anymore. Agreement was we pay 300 month he pat the rest now he says we gotta be out by march first is that legel
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
