If you don't have a lease, how does the eviction process work?

I live at home and I pay rent, but I don't have a lease or proof that I pay and I'm being threatened to move out. How does the eviction process work?

Hello S:

They give you notice to move. If that doesn't work, they file an unlawful detainer lawsuit (eviction) in your local court. You go to court, and you'll lose, and then you'll have a few days to leave, or the sheriff will put you out.

excon

It works the same way as if there were a lease. The landlord gives the required written notice that the tenancy is terminated and the tenant must vacate within a certain amount of time. The amount of time varies depending on the reason for the eviction and the laws in that state. If the tenant hasn't vacated by that date then the landlord has to file a lawsuit for eviction. At trial the judge decides of the landlord's suit is valid and the tenant gets an opportunity to defend. If the landlord wins then they get a judgment for possession. At that point the landlord can request that the sheriff or constable perform an eviction.

Tell us more about your situation and location. Then we can tell you the notice time.

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