View Full Version : Eviction in North Dakota with no lease?
carpediemk
Dec 9, 2013, 12:26 AM
I moved in with my friend mid October,I lost my job about 3 weeks ago so we agreed that in exchange for rent I'd babysit her two boys for her while she worked her second job. Last night she got extremely drunk lost her debit card and some cash then accused me of stealing it. I have our original agreement that I'd pay 250$ rent in text. She is now telling me to cine get my stuff before morning or she's putting it outside in the snow. We don't have a lease just text messages of our agreement. What are my legal options here? Should I call the sheriff's Dept? I live in north Dakota but I'm not sure on the laws, I had believed since we had the agreement that she would have to evict me, and since I've been living there over 30 days.
ScottGem
Dec 9, 2013, 05:53 AM
You're right. Since you have an agreement to pay rent or provide services in lieu of rent, you are her tenant. You have the same rights of any tenant.
From this site: North Dakota Eviction Process and Notice of Intention to Evict Form (http://www.landlordguidance.com/eviction-notice-forms/north-dakota-eviction/)
Unlawful Eviction
A landlord may not take action outside of the judicial process to legally evict a tenant for any reason, no matter if the tenant is engaged in unlawful conduct or has not paid the rent for months. Intimidating or threatening the tenant, locking him or her out, shutting off utilities or physically removing the tenant's personal possessions are illegal and can subject the landlord to substantial civil damages as well as criminal liability.
So if she does put your things out, you can sue her. She must give you written notice to vacate. However, she might be able to get away with a 3 day pay or quit notice, since you are behind in your rent. If you can prove the barter arrangement you might win a hearing on a pay or quit notice. But without a term lease, she can just give you 30 day notice to vacate.
AK lawyer
Dec 9, 2013, 10:03 AM
Once she sobers up, she may re-think her position. If she does, try to get the baby-sitting-for-rent arrangement in writing. And avoid, in the future, going out drinking with your employer-landlady.