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Richard
Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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I was asked by the owner of a townhouse to lease it and pay

Customer Question

I was asked by the owner of a townhouse to lease it and pay her mortgage and fees. I refused for a month and finally accepted the offer cause I did not have a place to live. She texted me and said she wanted me out and her mother too ( which actually owns the property) and she said she wanted to move back in. The reason she wanted me to lease was she cannot make the payments. We only have a verbal lease agreement but I have a witness who heard her thanking me for leasing the property cause she could not afford. I pay her mortgage on time and actually have their mortgage slips to give to the bank upon paying each month. I have only been here since 1/21/11 and put all utilities in my name which they told me I had to immediately. The question is, Can I be evicted?
Submitted: 3 years ago.
Category: Legal
Expert:  Richard replied 3 years ago.

Good evening. You can be terminated but it's going to take them a while. Without a written lease, you are deemed a month to month tenant. Since you are a month to month tenant, he is going to be required to give you at least 30 days written notice prior to the end of any monthly period. Then, if you don't leave, the law does not allow the landlord to forcibly evict a tenant without obtaining an eviction order from a court. What that means is that if termination date comes and you don't move out, the landlord cannot simply change the locks or throw your things out. Rather, what the landlord has to do is to first deliver a 15-Day Notice to quit...which basically says you have 15 days to leave or face eviction. But, if you still haven't left, the landlord must then file a petition with the court for an eviction order. Only when a judge has issued the eviction order can the landlord have you evicted. That will buy you a good bit of time.

 

 

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