Question

Can a landlord kick a tenant out without notice if there is no written lease only a verbal agreement?

6 years ago - 7 answers

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Depends on the cities regulations regarding leases.

6 years ago

Other Answers

If the rent is paid monthly, it is a month-to month contract and requires 30 days notice. But there is nothing wrong with asking the tenant to leave sooner if the tenant is willing to do so.

by Serge M - 6 years ago

unfortunatly yes they can. there is no legall proof if you took it to court. sorry but its just the law. theres nothing u can do. but if u end up homeless etc u can then take them to court and sue them for loss of income etc. goodluck

Source(s)

by rebeccajones85 - 6 years ago

No they can't at least not in North Carolina. If a landlord kicks a tenant out without filing for an eviction, then the eviction becomes illegal, and that goes for any landlord tenant relationship even if a parent charges their children rent, then they have to legally file for eviction before kicking them out. Any time money for housing is exchanged, basically a contract is made between the two parties and to kick the tenant out there must be a eviction

Source(s)

by Carl T - 6 years ago

Carl T is correct for North Carolina. I have several properties an dpeople broke into an empty one and were living there illegally for 3 months. They had squater's rights and I had to file an eviction through the courts to get them out. It took about 6 months. So someti9mes the sytem protects the wrong people. In the future just get everything in writing even from friends. you are not hurting feelings by protecting what you believe to be the truth.

by im2strange - 6 years ago

No! Regardless of what anyone will tell you.

People that don't know real estate law think that if you don't have a lease, you have no rights....that is NOT true.

A statutory lease (regulated by law) takes over in the absence of a written one. In all states, they require a minimum of a 30 day notice (or longer, but 30 is the minimum), and a landlord cannot resort to self-help measures, such as changing the locks, etc.

A landlord MUST go to court to obtain an eviction...anything else is an illegal eviction and then the landlord can be sued for damages, and in some cases, TREBLE damages.

PS: Short term squatter's rights are rarely enforced in court...because as soon as you break into a residence/building, you have trespassed and are guilty of breaking and entering...both of which are CRIMINAL charges.

Squatter's rights are usually when a landlord will allow for someone to remain on a property for an extended period of time and not pay rent, and it prevents the landlord from starting to scream that they suddenly want them out.

The law does NOT reward people for breaking the law. A landlord who is absent from a property can pick up the phone, call the police, and have someone removed from a property that entered it illegally. The fact that the "squatter" has a right to be there, is a real estate urban myth.

by Mary B - 6 years ago

Not without a 30 day written notice

Source(s)

by Classy Granny - 6 years ago