Eviction without signed lease agreement

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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.

Edited on: Friday, April 12th, 2013 1:11 am
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