What if there is no lease, can my landlord evict me cause she can no longer work with me with rent? I am way behind

Hello k:

In the absence of a written lease, you are a month to month tenant... She really doesn't have to evict you.. She just has to give you a 30 notice to vacate. If you don't leave, then she can evict you.

excon

This is from RentLaw.com and you can access the whole website on Google by entering 'eviction notice with no lease'. These rules vary from state to state but basically the same.

No lease: When a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30-45 days) to terminate the lease. If the tenant does not leave at the end of that time, the landlord can evict.

Are you expecting a free ride or what, of course she can evict if you, as you say, are way behind in rent, I don't know why she has waited. She can take you to small claims court to recoup her loss.

Tick

ANY question on law needs to include your general locale as laws vary by area.

However, your previous responses are correct. You are considered a periodic tenant and therefore the landlord can end your tenancy as long as they give proper notice. That notice can vary depending on your location.

Your question is kind of hard to fathom. I'm wondering why you would even think ANY landlord cannot get rid of a tenant who is not paying. Being a landlord is a business. If the business is not generating revenue its really hard to survive. What would you do if someone was using your property without paying for it. If you are "way behind" your landlord has been very generous and you have been abusing that generosity.

But to be precise a landlord cannot evict anyone. Evictions occur as a result of a court order. So the process goes like that, first the LL gives you a notice to vacate. That notice can give you as few as 3 days if you are in breach of the lease (non-payment is a breach and it doesn't matter if the lease is written, verbal or implied). If you have not vacated (or repaired the breach) within the time limit, then the LL files for an eviction order. After a court hearing the order is granted and if you still don't leave, the LL can have you physically removed.

I note that you are behind on your rent, so instead of the 30 day notice they merely have to give a much shorter pay or quit notice where you have to pay or they can start eviction much sooner.

They can evict if you are not paying rent with or without a lease