Renting without a lease and getting evicted?

by **choviohoya** » Thu Jul 26, 2012 10:42 am

Ok I live in NY. I rent an apt from my best friend. I lost my job a while ago and am getting unemployment but I'm getting a job soon. So I have been paying him half the rent on the first of each month and the other half by either one or two weeks later. He said he has had enough and I don't appreciate chit and he wants to kick me out. I was jw if he had to get an eviction notice for me to be out within 30 days or he can just write the letter hisself. Basically jw how that process works getting evicted without a lease, thanks!?

by **wattekinson86** » Thu Jul 26, 2012 10:48 am

If you are not on the lease, you are not entitled to any legal protection. You are technically a tresspasser. They do not even have to evict you. The cops will put you out on request.

by **taryn31** » Thu Jul 26, 2012 10:55 am

They can evict you but, they have to give you a 30 day notice.

by **jan46** » Thu Jul 26, 2012 11:01 am

lease or no lease, he really has to give you 30 days.. even if you were a squatter, he would have to do that.. and yes, he can write the letter himself and does not have to take you to court. he makes sure you get the later (by certified mail) and than at the date and time, he can have to cops come and make you leave.

by **delron** » Thu Jul 26, 2012 11:03 am

You are a tenant, a month to month tenant since you have no written lease
You promised to pay rent in full on the first of the month and haven't been doing so
Yes, it's a lousy economy, but it is NOT your LL's fault--this is a business relationship, not friendship
Your LL has to pay his rent or mortgage in full, on time, he has obligations and you're causing him to carry you. . . . .that's asking a LOT of friendship
If you haven't paid the full rent, he can give you notice and file in court for eviction to have sheriff throw you out
He's right, your first priority should be keeping a roof over your head, and that means paying rent in full on time, on first of month
Depending on state, he gives a 3, 5, 10 Day Notice to Quit or Pay, and then ends your tenancy if you don't pay up within time. . . . .goes into court to get you evicted
NO< your LL does NOT have to give you a 30 day notice if you are behind in rent

by **hwistlere31** » Thu Jul 26, 2012 11:17 am

If you do not have a written lease, then you are considered to be on a month-to-month lease arrangement. He does not have to evict you; all he must do is give you notice that he is not renewing the "lease". The length of time he must give you for this notice will vary by state, so check NY's requirements. It is probably between 30 and 60 days.

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