Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.
Why are they trying to evict you?
Do you have a copy of the original lease?
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
There is no requirement that there be a written lease for there to be an obligation to pay rent. There is such a thing as a month to month tenancy which is a tenancy without a written lease.
So, even without a written lease, you can not just stay in the apartment without paying any rent. They will be able to evict you for that.
If you are willing to admit to the existence of the lease and they have been breaching their maintenance obligations under that lease, you can assert a counterclaim to their forcible detainer action (if they have filed) or as an independent claim if they have not filed yet, but you will be liable for the rent or the court will evict you.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.