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    tbird1966's Avatar
    tbird1966 Posts: 1, Reputation: 1
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    #1

    Jun 2, 2008, 10:23 AM
    Eviction with no lease
    I am a tenant, I did not pay my rent for April and my landlord was keeping security for May, My lease ended May 31 2008. I am looking for a place have not found one yet? Believe me, I don't want to stay but, can she evict me before she takes me to court since I have no lease?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jun 2, 2008, 10:26 AM
    No. Self-help evictions are illegal regardless of whether there is a lease. She has to file a lawsuit for eviction. If she tries to lock you out without getting a court order then you should call the police and they will force her to let you back in.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jun 2, 2008, 11:32 AM
    A lease doesn't have to written to be legal and effective. As long as proof of payment and residency can be shown, then a lease exists.

    However, since you have not paid for 2 months and since the lease has expired, then she should have no trouble getting an eviction.

    By the way, you will still owe for April and May and any time after May 31 that you remain in the unit. Se can use the deposit towards that past due rent, but if there are any damages to the apartment you will owe them as well.
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