Question

Can I be kicked out of an apartment if I am not on the lease?

Heres the deal. I graduated from college and moved home. I ended up finding a job near my college which is a good 200 miles or so from where I lived with my parents. I told my friends who are still in college about it, and one of them offered for me to come up and stay in his apartment.

I figured why not? So I moved in with him..

Now He wants to kick me out of the apartment.

I found a place to move in, but they won't have it ready for 3-4 weeks.

Is there any legal recourse I can use to stay in the apartment until then? I really don't want to stay in a hotel for 4 weeks. Is there any sort of laws regarding verbal contracts?

Thanks

7 years ago - 11 answers

Best Answer

Chosen by Asker

There are no binding laws concerning verbal agreements that I know of, because if it wasn't it writing it's one person's word versus another's and that's hard to prove in court.

If you were on the lease, however, you would have had more rights because it's a contract agreement. He would have had to give you 30 days notice (depending on state of residence). But, unfortunately, if he's the sole leasee there really isn't much you can do legally. Wish I had better news. Best of luck.

7 years ago

Other Answers

so,, you want to stay with this guy that wants you out of his apartment,,, and would take legal action?? what a ****

no ,, you have no rights,, he can kick you out in a heartbeat,,

by Jo Blo - 7 years ago

you are not on the lease so yes he can, you are classifed as a visitor...

Source(s)

by skcs11 - 7 years ago

Nope. In fact, if your friend doesn't go through with having you leave, if the management of the apartments finds out you've been living there without being on the lease, THEY can kick you out, and your friend will probably have been in violation of his lease.

by Mandy S - 7 years ago

One phone call to the local police station and you could be forcibly removed from the premises.

Have you tried making your case with him? Maybe paying him a little extra to let you stay there for the next few weeks?

by justanother_supermom - 7 years ago

Yes, A contract is a contract regardless of it being oral or written under Contract Law,the downside is its alot easier to prove things when in writing.
Talk with this person and inform him of a legally binding oral contract and that both can agree to free the other from any further responsibility to comply with the contract in four weeks or it can be decided by a judge.
Thats really the best option available.
For future reference,always,always,always get it in writing,alot easier to prove in a court of law with a signature on it.

by struckjeffrey - 7 years ago

well to be honest with you there's nothing you can do but pack your things an move. because if you two did not have anything in writing then verbal is not going to work for the simple reason that you're not on the lease. and he knows that that's why he is being such an a**.try talking to him and tell him that you have no problem leaving but you just need a little more time. the only other thing that i can suggest is to go to the rent office an ask them,if they no that you have been staying there without being on the lease than they might will make the 4 weeks happen cause they too can be in trouble for that and your roommate too. good luck.

by kitty - 7 years ago

Of course you can be kicked out, especially if you're not on the lease. You have no legal reason to be there. Can you rent a room from someone else until your place opens? Are there any hostels? Good luck!

by njspanteach - 7 years ago

If you are paying rent to him, he must go through legal eviction proceedings, even if you aren't on the lease. He would be in violation of the law if he just puts your stuff out and changes the locks.

If you're not paying rent, then he can tell you to leave. You are a guest who can be given the boot at any time.

A verbal contract is just as binding as a written one, just harder to prove. But in order for a contract to exist, something must be given in exchange for something received. In this case, there is a contract if you are paying rent (giving money) in exchange for a place to stay. Without paying the rent, you are receiving a place to stay in return for nothing. There is no contract.

by Brian G - 7 years ago

it sounds like your a real a-hole. someone offers you to stay at their place for a little while as a gesture, and you act like a real j.erk. and now to save a couple more dollars, you want to take this legally. Well you cant.

by h n - 7 years ago

Not really, he can have you charged with trespassing if he really wants to be a jerk... because you're not on the lease.

try finding a short term rental apartment or condo for a month- would be cheaper than a hotel for a month!
Verbal contracts... wellll do you REALLY want to stay with someone who is mad enough at you to kick you out?? Might be uncomfortable for both of you...

by melaniecampbell - 7 years ago