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Does the tenant have to pay the rent during a 30 day eviction when they are on a month to month oral lease?
Wiki User
∙ 14y ago
Hey, if the leasor allowed oral lease then no grounds on which to pursue the person. They can say they told you the PREVIOUS 30 day period. Get EVERYTHING in writing. This only helps the leasee to walk away without paying if there is no written agreement on how the lease ends.
Wiki User
∙ 14y ago
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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.
If a landlord is stalling on renewing lease what are tenants rights?
Generally none. If the tenant continues in possession once the lease term has expired he would be deemed a tenant at will, or a month-to-month tenant (if the rent is paid monthly) or a week-to-week tenant (if the rent is paid weekly). The frequency of rent payments determines whether the tenant is month to month or week to week, and also the notice the landlord must give before requiring the tenant to move. If its month to month the landlord must generally give one weeks notice to quit if he wants the tenants out. If you would feel more secure with a lease you might have to move. Many people never sign a lease after the first one expires and continue on a month to month basis.
What is the contract between a landlord and a tenant for renting a house called?
It would be called a Residential Rental Agreement, Residential Lease, Month-to-Month Tenancy Agreement, or something to that effect. The name varies widely.
On a month to month lease how many back rent can issue an eviction?
If you mean, "how far behind on the rent does the person have to be", you can give a notice to quit when the rent is a day late.
Is an eviction process required to evict a non - tenant of a tenant when neither party has a rental agreement in California Both have been in the property for about 1 month?
I'm no lawyer but... A non-tenant is likely considered a guest of the tenant. If they are not welcome, they are a trespasser. The landlord should let the tenant have peaceful enjoyment of the premises. The tenant should be able to call the police and have the non-tenant removed.
Can a lanlord evict a tenant giving one weeks notice?
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.
If your tenant bounces a check for the last month of the lease and then does not want to move out what can you do?
Give them an eviction notice and if they still refuse then have the local sherriff remove them, forcefully if necessary.
Can I live in my apartment during the 2 month penalty fee when I break my lease?
Yes, according to the law the tenant can stay in the apartment until the end of the legal process that precedes the eviction. However, your record would look better if you would appear to be a co-operative tenant. When you have been though an eviction, it is harder to find another rental.
What is the eviction Florida law?
State's establish laws that pertain to rental/lease agreements and landlord/renter issues. Contacting your state housing authority should help you obtain the information you need.
How much notice does a tenant have to get rid of a pet?
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.
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.
Can the landlord change terms of the original lease after the lease becomes a month to month?
Yes, assuming the tenant is given proper notice, which on a month to month lease is typically 30 days.
When the lease agreement ends can you ask the tenant to leave if I do not wish to renew the lease?
Yes. You should do it carefully, however, so that there is no appearance of the lease continuing on a month-to-month basis. One month before the end of the lease, send a written letter to the tenant stating that you intend to terminate the lease on its expiring date. Do not accept any rent money for periods after the end of the lease or you have automatically renewed the lease on a month-to-month basis (the details depend on your jurisdiction, I am thinking of California as I answer this). You are entitled to show the unit to prospective tenants as long as you give the required notice and do it during approved or normal business hours.
What happens to a lease if the tenant goes to hospice care?
I'm no lawyer but...here is my understanding of the situation. While the tenant is alive, they (or the person legally acting for them) are responsible for the financial obligations and the lease is in force. If the tenant is not returning, you should consider terminating the lease and moving out. If it is a month-to-month lease, this part is easy. If it is a fixed-term lease, investigate whether the landlord will agree to terminating the lease early.
In Florida if a rental lease is up how do you evict a tenant?
If your rental lease is up then you arent really evicting a tenant as much as you are notifying them that you will not be renewing the lease. You need to give at least 30 to 60 days notice to be fair to the tenant. If the lease is now month-to-month or a periodic tenancy then it can be terminated for any reason, although I would still recommend 30 days notice to avoid any problems.
Can a landlord keep a tenants securtity deposit even if the tenant never signed a lease and never moved into the property?
Was the lease supposed to be a month-to-month lease or for a year or longer?
If a landlord is stalling on renewing lease what are tenants rights?
Generally none. If the tenant continues in possession once the lease term has expired he would be deemed a tenant at will, or a month-to-month tenant (if the rent is paid monthly) or a week-to-week tenant (if the rent is paid weekly). The frequency of rent payments determines whether the tenant is month to month or week to week, and also the notice the landlord must give before requiring the tenant to move. If its month to month the landlord must generally give one weeks notice to quit if he wants the tenants out. If you would feel more secure with a lease you might have to move. Many people never sign a lease after the first one expires and continue on a month to month basis.
