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    (How) Can You Evict A Tenant If There Was Never A Signed Lease Agreement?

    I have a friend who got a guy to rent a room from him and there was a verbal agreement that he would pay a set monthly rent amount, but he is not paying (big surprise). I know the steps for evicting someone, but if there isn't a signed lease agreement. Can't the tenant just disregard any notices and basically become a squatter?

    asked 6 months ago

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    I have been a leasing officer for many years and have encountered quite a lot with the same problem. First, an agreement is still an agreement with or without a written form. Better if your friend received from his tenant at least the first rental payment; coz that's an indication that he honors the verbal agreement and is committed to it. However, if there was no payment at all, all your friend has to do is send his tenant a demand letter giving him at least 15 days to settle all his obligations or vacate the leased premises. After the 15-day period and still no response, send another letter, this time, give him 3 days; failure on his part again shall constitute sufficient ground to padlock the room. In so doing, it has to be witnessed by a 3rd party. If in case, the tenant pays, make sure to make an agreement in black in white this time. Good luck!

    answered 6 months ago   

    THANK YOU SO MUCH!!! This is what I have been looking for all week long. I will relay this info to my friend so we can get things in motion.

    comment made by DrNarcosis 6 months ago    Report

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      No, if you want to get him out, you have to go through the court, it doesn't matter that it was verbal, if he isn't on the lease, he shouldn't be there anyway. If you go to the landlord/tenant board, they can better tell you how to go about this and what your rights are. Hope this helps. Good luck.

      answered 6 months ago   

      WAY 2 GO BARRISTER TIGGER...WOW!♥

      comment made by Nascarnut 6 months ago    Report

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      I hate 2 b the bearer of "bad news" but what state is this taking place in?  Because in most states (in the USA) if he/she/they has(ve) 1 of 3 things he/she/they has(ve) tenant rights:  1) rec'd mail at residence  2) has a key to residence or 3) has spent at least 1 full night at residence.  If yes can b answered to any of these 3 aforementioned "acts" depending on which state has jurisdiction...chances are said "tenant" must b evicted thrthe courts as tiggersmom has correctly implied.

      answered 6 months ago   

      I appreciate the extra info. Mostly I just wanted to know what to do before taking it to the courts. We will try the notices and if that doesn't get him out, we will take him to court.

      comment made by DrNarcosis 6 months ago    Report

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