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UI live in a house and your brother wants to evict you There is no lease Does that fall under landlord tenant or family court?
Wiki User
∙ 14y ago
If its your brothers house and you never had a lease then it shouldn't be either since its not your house and he has no contact with you. All your brother has to do is call the police and have you removed from his property. You have no legal rights to be there since there was never a contract and the house is not under your name. This is assuming you are not a minor.
Wiki User
∙ 14y ago
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Can a landlord hold a tenant responsible for a lease agreement if the tenant was not mentally competent and no attorney was present at the signing of the lease agreement?
Did a court adjudicate the tenant as incompetent? Then, if and when the landlord sues, that would provide the basis for a defense. You can't stop the landlord from trying to recover damages.
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Can a landlord evict a guest for a noise complaint if the tenant was causing the noise?
Yes. If a tenant is not in the habit of making a lot of noise then the landlord would not have much grounds to evict them. However, if a tenant is a problem for other renters, how a landlord evicts someone depends on the state in which he lives. Usually, a landlord could evict a person even if they have a lease for violating city codes for noise. A landlord would be wise to put such stipulations in their leases. This is based on the number of complaints the police receive concerning the noise or the number of complaints a landlord receives. In some states, all a landlord has to do is send a registered letter to the tenant notifying them of the complaint and that they are on notice to cease and desist or face eviction. If the tenant continues to bother others with their noise, then the landlord can notify the Sheriff's Department to evict the tenant. Of course this will not prevent the tenant from taking the landlord to court. This is why the landlord needs to keep good records and copies of police reports concerning the tenant to use in court.
Does a tenant have to sign a rental agreement?
For the rental lease agreement to be valid in the United States court of law it has to be signed by the Landlord and Tenant.
Can a tenant who is a nuisance or menace in the neighborhood be abated from the property without the landlord's consent through civil court?
No. Before any tenant is evicted from a property, the landlord must follow judicial proceedings.
