Can you get evicted if you don't have a lease?

Question

OK, I'm trying to win a bet with my sister. Her lease expired in February 2008. The landlord hasn't brought over a new one to sign. She is 3 months behind on her rent and now the landlord is taking her to court to evict her. I know that he has every right to do that. However, my sister says that because she hasn't had a lease since February, he cannot do that. Can he or can't he?

Answer 1

It is surprising he let her go that long.  When I rented an apartment, if rent was not paid by the 1st of the month, they posted a 5 day pay or quit (get out) notice on your door.  That would get your attention, but actual eviction takes longer than that.

Anyone who does not own the property can be evicted, lease or not, or whether they were ever required to pay rent or not.  No lease just means that she is a month to month tenant and should give 30 days notice if she intends to leave, or can be asked to leave with 30 days notice.

Answer 2

No lease is in effect.   Since the lease expired, she is known as a month-to-month tenant.  The landlord can require that she leave after giving her proper 30 days notice.  Provided that notice was given, she is going to be out of a home.  The court will probably also rule that she owes the back rent.

Answer 3

What does your sister think? She can't live there for free. A landlord can evict at any time for any or no reason. It doesn't matter is you have a lease or not. All they have to do is give you 30 days notice.

Answer 4

Your sister needs to grow up and you win the bet.

The first point is she owes the money. Second wait until she tries to get another rental...It won't be easy. Then comes her credit report.

The lease is largely to protect her from being evicted for no reason, or to prevent the landlord from raising the rent for the period of time o the lease.

When a lease expires, it usually becomes a month to month lease. It is most likely states this in her lease. Of course she hasn't read it. The landlord likes to have people commit to live there for at least a year. After that, no problem to move with proper notice.

Many tenants think the landlord is suppose to provide them with a place to live. It is a business like any other. The landlord came up with the resources to buy the property and make it available for people to live in at the going rates. The landlord has to pay the upkeep and mortgage and taxes, sometimes with freeloaders looking to get something for nothing. Then to top it of they trash the apartment to get even.

People like this may end up living on the streets. They stop paying rent (their own fault), they get mad when the landlord tries to collect (again their own fault) they get called into court (their own fault) They trash the place to get even and lose the security deposit (their own fault) they have trouble getting another apartment, credit card, or loan (their own fault).

If I saw this on her rental history (trust me it will be there), I wouldn't rent to her. I have a duplex rental in Austin Texas. I refused to rent it for 4 years because the last tenants trashed the place (and they weren't even mad with me). I pad the mortgage out of my own pocket. I couldn't afford it. I have a full time job and work 60 hours a week. I make very little off the property. It is an investment, and when I retire, I will sell it and hopefully make my money from the increase property value. Now because of them I hired a property manager. Now the tenants have to deal with them. I just get a check once a month.

Answer 5

he sure can and your sister will be on the street with her kids. She is a month to month tenant. Why would your sister think she can live in someones home for free? Sorry but no rent NO home.

Answer 6

He absolutely can.

Answer 7

your sister is not to swift, hopefully she just moves out and not try that logic on the judge

in every state, will have statute that governs landlord tenant issues, that supersede any lease, within that statute it will state that when a year lease ends it converts to a month to month usually with all the conditions

on top of the basic it would also be unjust enrichment if your sister could stay rent free in the place

she will be evicted then try finding a landlord to rent to you not a smart move

Answer 8

That sounds very blond of her.

Yes, he can certainly evict her, and sue her for every dime she owes.

He sounds like a really nice landlord, she should not be doing her best to s***w him as much as possible.