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    drewski86's Avatar
    drewski86 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jun 20, 2009, 12:18 PM
    Is my lease still binding if it wasn't signed?
    The acting landlady in 2008 never had me sign the lease because of questions I had about an extra utility bill and also being asked to sign two months early. And since then, she's no longer employed and also as far as I know there has been 4 managers since her. Now the current management wants to evict me for not paying said utility bill which was never explained or addressed.
    Choux's Avatar
    Choux Posts: 3,047, Reputation: 376
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    #2

    Jun 20, 2009, 02:11 PM

    IF you don't have a lease, you have to get out within 30 days of being notified that you presence is no longer wanted.

    Good Luck,
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jun 20, 2009, 02:12 PM

    Hello d:

    If the lease wasn't signed by you, then it's not binding on you. Consequently, your rental term is month to month. Your landlord can have you out with 30 days written notice, and you can vacate by giving him the same.

    Apparently, he wants you out, and you're fine with it. Cool. Send him your 30 day notice and move then. It doesn't matter what HE'S doing, because you'll be long gone before an eviction hearing takes place.

    In your notice, however, mention the law on the subject, and tell them that if they ruin your credit by filing this fraudulent and frivolous eviction lawsuit, you'll sue them for all their worth. Send your letter/notice certified, return receipt requested.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 20, 2009, 05:50 PM
    Quote Originally Posted by Choux View Post
    IF you don't have a lease, you have to get out within 30 days of being notified that you presence is no longer wanted.

    Good Luck,

    Actually this is not correct - you must vacate in the same time frame for which you pay rent. If the landlord wants yout on the 1st of the following month you must receive notification before the 1st of the previous month.

    It is not 30 calendar days.

    Likewise, if the landlord wants you out by the first of March you would have to receive notification prior to the first of February - and there are not 30 days in February. You would not be allowed to hold over until the 30 days ran.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 20, 2009, 06:06 PM

    Choux, glad to see you, but I will go with Judy,
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 21, 2009, 02:50 PM

    It is normally from pay period to pay period, the landlord does not have to pro-rate the rents. Many do because they are nice but don't expect them to
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jun 21, 2009, 04:06 PM

    This is governed by state law. Some states use a straight notice of x days (usually 30). Others require a full rental period. Others might be less. So you need to check with your local law.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jun 22, 2009, 05:47 AM
    Quote Originally Posted by ScottGem View Post
    This is governed by state law. Some states use a straight notice of x days (usually 30). Others require a full rental period. Others might be less. So you need to check with your local law.

    I'm not sure that being asked to vacate and being evicted are the same thing - being evicted is (of course) 30 days (depending on the State).

    Anyone have a specific date where being asked to leave, "lease" being called into play, where it's 30 days and not rental period?

    (Love to learn something new)
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