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Eviction without signed lease agreement

By Tenant

There are many tenants out there that experienced moving in into this apartment without even signing a lease agreement, they maybe first time renters or just in a hurry to move and settle in. This is where a lot of tenant problems come and most of the time landlords serve eviction notices to the tenants with no lease. Here is what your landlord has to do in order to evict you legally.

  • Give a written notice. The very first step landlord should do before filing an eviction case in your local county he must first serve you with a written notice. The written notice may be a 3 day notice to pay or quit or a 30 day notice of eviction.  Typically tenants have 30 days or even 60 days to vacate the rental property depending on what their state laws say. Your landlord can either deliver personally the written notice or mail it to you via certified mail.
  • File for an eviction case. If you were already served with a written notice of eviction and you were unable to move out on or before the deadline set, then the landlord has the right to file an eviction case against you in your local county. Once your landlord had filed the eviction case, you will be notified by a deputy or police officer about the case.
  • Appear in court.  After the filing of the case and scheduling a court date, both you and your landlord are now required to appear in court and prove the case in front of the judge. This time you have to bring in all your evidence and other documents and present it to the judge to counter attack your landlord’s case. Your evidence may include pictures and documents of the apartment, lease agreement signed before you moved in and any receipts for rents paid and repairs.

If you have any questions about your eviction case, you can consult a lawyer in your local state or county.

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Edited on: Friday, April 12th, 2013 1:11 am
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15 Responses to “Eviction without signed lease agreement”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Dyan

April 12th, 2013 1:20 am

Does this mean that even if I do not have a lease I should give a written notice to vacate the property?

Cyrus

April 12th, 2013 10:20 am

So true! We all have our rights and we should respect it.

Tami

April 12th, 2013 7:00 pm

Landlords should always follow this procedure.

Traci

April 13th, 2013 4:20 am

My landlord filed an eviction case against me for no apparent reason. And I am so much willing to go to court for it because I know I will win this case. I’ll bleed him out of his money for damages. LOL

Barton

April 13th, 2013 1:20 pm

Can my landlord throw me out of the apartment because I do not have a lease?

Lauren

April 13th, 2013 10:40 pm

In order for you to protect your tenant’s rights

Victor

April 14th, 2013 7:40 am

I paid my rent on time and I kept the property in perfect condition. Still my landlord filed an eviction case against me stating that I do not live in the property and therefore is trespassing. Is there any way I can appeal to the court? By the way we do not have a signed lease agreement and I have been living here for 5 months now.

Tierra

April 14th, 2013 4:40 pm

Before moving in you should make sure that there is a lease agreement and that you read and sign it.

Ardella

April 15th, 2013 1:20 am

Even though there was no lease agreement signed

Johnny

April 15th, 2013 10:00 am

Is it somewhat illegal if the landlord would insist that we move in and have us sign a lease in a later time?

Lou

April 15th, 2013 7:00 pm

I am subleasing my apartment to my boyfriend and we just broke up. I want him out of the house and out of my life immediately. I never let him sign any lease agreement. Do I still have to give him eviction notice or can I just throw all his stuff out?

Shalon

April 16th, 2013 3:40 am

According to the law that even though there was no lease agreement signed during move in

Chi

April 16th, 2013 12:40 pm

What is the difference of a roommate and a tenant? I rent an apartment and my landlord said that I can let another person sublease so that I can afford the rent. Would that mean I am the landlord of that person?

Alphonse

April 16th, 2013 10:00 pm

Where can I report landlord that does not give lease agreement?

Trent

April 17th, 2013 7:00 am

I learned this the hard way. Now I never allow anyone to live and sublease my apartment without signing a lease agreement first.

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