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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102320
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Can I have a rental contract that is based on a day-to-day

Customer Question

Can I have a rental contract that is based on a day-to-day rental like the hotels? I created such a rental agreement with a tenant. She refused to pay the first month rent so when her money ran out, the door locks were changed, just as we agreed to. However, when we went to court the judge refused to read our agreement and awarded her $5,000.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.
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I am sorry to hear about this situation.
If the tenant defaults on rent, the landlord has to file for eviction and have the Court confirm an eviction. Once this happens, if the tenant still does not relocate, then the landlord has to get a WRIT and have the authorities relocate her. Self-help by simply locking the tenant out is NOT ALLOWED. If this is what you did, this is why the Judge ruled in her favor.
But going back to your original question. While UNCOMMON, it is not unlawful to have a day to day tenancy. Yes. However, it may be best to have it IN WRITING that this is what is agreed upon, or otherwise a tenant may try to claim that this was a month to month tenancy.
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