The handing over of the key is the symbology of the handing over of the rental unit. The landlord can do this at any stage of the rental of the apartment, but it is normal procedure to do so upon payment of all move-in costs (that is, rent, security, etc.) and the signing of the lease.
Normally a security deposit is paid before the lease is signed. Once your lease is mutually signed then you have the right to move in.
Normally the landlord must give at least a 30-day notice before the expiration of the lease that he will not renew it, so the tenant must leave. There is one exception: if the tenant is in violation of the terms of the lease, the landlord may terminate the lease and give such short notice for the tenant to leave.
In many states, yes; in many, no. But if a landlord doesn't give a tenant a copy of his lease then he cannot expect the tenant to follow all the terms of it. If the tenant does fail to follow the terms and the landlord takes him to court, the tenant can argue that he wasn't provided a copy of the lease.
No. A lease is a legally binding contract, which obligates both the landlord and tenant to a tenancy for the term of the lease. If you and the landlord both signed a lease, and the landlord refuses to give you occupancy of the property, you need to see a landlord-tenant attorney or tenant's rights group immediately!
in most states, no notice whatever, as the lease is an asset and goes with the property and the tenant's lease is safe--the tenant will be minimally allowed to stay till the lease expires.
I am not a legal eagle but the answer appears to be no. It appears that verbal agreements, if proven, can be upheld in law. However, the claim of FORGETTING to give a tenant a lease appears a weak one.
Dear _____________________ : The Landlord/Tenant Act requires me to give you written notice __________ days prior to the end of the lease that the lease will be terminated. This is written notice of my intent to have you vacate the premises on or before ___________. You may contact me at ________________________ should you have any questions. Sincerely, (landlord)
If there is no lease involved, and there are no violations of the terms of the lease or agreement, the landlord has to give at least 30 days of notice before the next rent is due, for the tenant to vacate the premises. If there is a lease involved and there are no violations of the terms of the lease, the landlord must wait until the end of the lease term in order to ask tenant to vacate the premises. If the tenant does not vacate the premises after proper notice is given that the landlord must initiate eviction proceedings to force the tenant out
A landlord should give the tenant written notice that the lease is ending, 60 days before the end of lease. The notice gives the tenant the option of either renewing the lease or announcing (also in writing) that they don't intend to renew & will be moving by end of lease.
If the pet is included on the lease then the landlord cannot give the tenant such an order until the lease term expires. If this is a month-to-month tenancy then the landlord has to give the tenant a 30 day notice of such before the next rent is due.
Once you, the landlord, have accepted a tenant by handing him the keys, then the tenant has legal possession of the property. If the lease was mutually signed and the keys were handed to the tenant, then you must wait until the lease expires and give at least 30 days notice that you will not renew the lease before asking the tenant to leave. Landlord and tenant laws are designed to protect both the landlord and the tenant. If the tenant does not violate the terms of the lease once it has been mutually signed and the property turned over to the tenant, then he has the legal right - as long as he pays his rent on time - to remain on the property. If he violates the terms of the lease at any time, you can seek legal remedy to correct the violations or to remove the tenant.
This depends on several factors, including whether the eviction is because of a serious or repititious lease violation, whether there is a written lease, and if the rent is on a month-to-month or week-to-week basis. Did the Landlord give the one-week notice or did the Tenant? Is there a written lease? Then the answer is probably "no," unless it's because of a serious or repititious violation of the terms of the lease. If there is no violation involved and there is a written lease, then the landlord or tenant must give at least a 30-day notice before the lease expires. The tenant cannot move out during the lease period unless the Landlord agrees to allow such. If there is no lease and the rent is month-to-month, then the landlord or tenant must give at least 30 days of notice before the next rent is due. If there is no lease and the rent is on a week-to-week basis, then one week's notice is given by either side, before the next rent is due. He can also give a week's notice if there is a lease and that lease is being seriously violated by the Tenant. Now, a week's notice, or whatever notice is given, is not an automatic right of the landlord to force you out of your home: he must follow proper eviction proceedings.