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I am assuming you mean that there is a cause for eviction (non-payment of rent, unruly behaviour, etc.) If so, then you will need to (retain an attorney to) file an unlawful detainer action against the tenant. Note that a 3 day notice is required before filing such a lawsuit--talk to your attorney for more info.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoCan a landlord remove somebody without a tenancy agreement? Sure!! A tenancy agreement, however, doesn't have to be written. As long as the landlord accepts money from a tenant for the right to live on the property or unit, the tenancy agreement exists. If the landlord wants to terminate the tenancy he may do so but only with proper notice. For example if the tenancy is month-to-month then the landlord can only terminate the tenancy if written notice is given at least 30 days before the next rent is due. If the tenancy is week-to-week, then a week's notice must be given before the next rent is due, to terminate such tenancy. A landlord may also remove someone whose name is not on a lease or any other tenancy agreement. This wouldn't require such notice because that type of person doesn't have the same rights as the original tenant.
Wiki User
∙ 7y agoNo
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If husband and wife are on the deed can the wife sign a valid tenancy agreement without husbands consent?
No. Both owners must sign the agreement to make it legal and enforceable for both tenant and landlord.
Does a landlord have the right to evict without proper notice?
With a legally binding tenancy then no.
How can you be legally terminated from a joint responsibility month to month rental agreement when your roommate refuses to end the agreement also?
Any of the three parties can terminate the tenancy at the end of the next month, with notice this month. Then, one roommate can sign a new agreement with the landlord, without the other tenant.
What is the definition of a tenant at sufferance?
A tenant at sufferance is a person who remains on a property after their lease or rental agreement has expired without the landlord's permission. They may be occupying the property unlawfully and can be evicted by the landlord. This type of tenancy is also referred to as a holdover tenancy.
What legal responsibility does a cosigner have if the renter is evicted by his landlord?
The legal responsibilities of a cosigner on a lease agreement are the same as the tenant without the benefit of tenancy.
Cosigner agreement says 18 months until Im no longer Liable on a month to month agreement?
You might want to rephrase this question. In general, I will try to answer it as best as I can understanding that this question is regarding liability on a month-to-month tenant basis. On a month-to-month tenancy you are agreeing that there is no lease. Therefore you are free to move out of your apartment at any time without suffering any penalties such as forfeiture of your security deposit. If the last month's rent was collected in advance then you cannot move out of the apartment without a 30 day advanced notice or the landlord will keep that rent. I cannot see how you can have any type of 18 month agreement for a month-to-month tenancy. As I stated, with the 30 day notice you can terminate your residency at any time. Any changes to your month-to-month tenancy by the landlord, such as an increase in rent, requires that the landlord give you a 30 day notice before the next rent is due.
Can you leave not pay last months rent let landlord keep security deposit without a lease agreement?
only if that is agreeable with landlord. A lease agreement without a lease is a verbal lease. Your last month's rent is not a security deposit.
What is the difference between tenancy at will and tenancy for a fixed period?
A tenancy for a fixed period means that the lease has been executed between the landlord and tenant, and the lease will expire after the term ends. If there is no lease, or the lease has expired and the tenant is still allowed to pay rent and remain on the property, then this becomes a tenancy at will. This means that the terms of the original lease is no longer effective or binding, and that the tenancy is now subject to landlord and tenant laws which govern tenancy. A tenancy at will may terminate at any time as long as proper notice is given according to the laws. For example, a month-to-month tenancy may end after 30 days of notice is given to either side, and such 30 days notice must be given before the next rent is due. A week to week tenancy may terminate after one week of notice: one week before the next rent is due. This is also true with regard to rent increases. Furthermore, landlord and tenancy laws regulate other aspects of tenancy, including obligations of the landlord and the tenant. For example, a landlord may not enter a tenant property without proper notice; and the tenant has five days to pay his rent before it becomes past-due.
Can an apartment kick you out on a month to month lease?
Not without a reason, like some kind of a breach by the landlord.
Will a Notice of termination of tenancy without stated cause affect your credit like an eviction?
Only if the landlord files a court case, or reports the arrearage to the credit bureaus.
Without a written lease is it a month to month lease?
No, without a written lease, the landlord can only evict the same as a month to month lease agreement (30 days) but the protections to the tenant and landlord are not stated.
Is it required to fill out a rental agreement form to rent a house?
Yes it is required to fill out a rental agreement form to rent a house. Without this agreement the landlord of the house will not let you rent the house unless you fill out the agreement.
