What Happens If There Is No Rental Agreement

Some landlords operate under a „fictitious company name“ such as „California Apartments,“ which is marked as such on the lease and rent checks you pay. Who is this? Persons who use such names must file their „d.b.a.“ return with the county clerk, publish the notice and renew it every 5 years. Otherwise, their prosecution will be excluded – they do not have the power to sue until they have met the filing requirements under article 17918 of the Business and Professional Code. For more information, see Find your owner of this website. It is not legal for your landlord to force you to leave a rental property by interrupting water, electricity or other essential services. Your landlord is required to keep your home safe and habitable, and closing your utilities is tantamount to constructive eviction. If your landlord wants to evict you legally, all applicable eviction procedures that include adequate notice and possibly a court order must be followed. Hello, I need help??? I rent a two bedroom house and they have been living there for over 6 six years and no contract or deposit has been paid.. I told them in November that they had to leave and now it`s February, the woman told me that according to the law they can live there without paying rent for 3 months. It`s been 3 months since they were told to leave, and they took things out of the house but still lived there without paying rent!! What must I do???? The fact is that there are laws that limit and benefit both sides of the rental situation, and the key to profit despite these laws is to know them. Your lease can be oral, written, implied or a combination of these. You „have a contract“ if you pay the rent of the place without anything else.

You „have a contract“ with the new owner if the previous owner sold it to that new owner. You „have a contract“ for the unit after the original term of the lease expires, in most cases by simply continuing to pay the rent that the landlord accepts. Depending on how the lease is formulated, you can have a new lease for the same duration [as a new year] or the more common monthly rental, which is automatically done by law [Civil Code 1945] under the same conditions, with the exception of the rental, which applies from month to month. You „have a contract“ if you pay the rent by managing the property, doing construction work instead of rent, being a living worker, providing home care to the landlord [for example. B an elderly or disabled person who needs care 24 hours a day, 7 days a week at home], or simply by taking care of the property for the absent owner. Under federal law, it is illegal for a landlord to discriminate against you based on any of the many protected characteristics, including race, national origin, disability, age, and marital status. This means that the landlord cannot refuse to rent you because you have children under the age of 18, and you are also prohibited from indicating discriminatory preferences in a rental listing. Similarly, for discriminatory reasons, a landlord cannot take any action to terminate your tenancy.

In many places, there are similar protection measures at the state and local levels. In my girlfriend`s case, you can`t just tell her to leave with 4 days` notice in the middle of the agreed term just because there is no written lease. However, it is a bit difficult to prove when the agreed end date of the rental is. In any case, tenants are entitled to a notice period of at least 2 months (this is a legal right) during the period, which must be served with a notice period in accordance with § 21. Here`s the surprise for most resident managers. The typical agreement for resident managers is to have a free or discounted rental apartment in exchange for unlimited working hours while managing the building. Removing a tenant without a lease may seem like an impossible deal if you don`t know what you`re dealing with. Can you evict a tenant without a lease? Hello, I just bought a property and there were tenants in the house of the former owner, they rented the house without a contract, so I told the tenants that I would still rent the house, but I will come with a contract, so they were not enthusiastic about the idea and I just told them that everything would stay the same, but when I present them with the contract with my laws and conditions It is a problem that they told me that the amount of rent I want is too high and that they can not pay a deposit, so what rights does it have and what can I do in the matter Another law called the „guarantee of habitability“, requires your landlord to provide the basic elements [heating, water, electricity, functional doors and locks, etc.] as a condition of applying for rent. You have certain remedies under the law, even if the lease says you don`t. [See Repairs] If the problem is rent, the three-day notice period should specify how much you owe and where you can pay the overdue amount. Do it within three days and you will be safe from eviction.

Similarly, repairing damage to your rent will cancel an eviction for damages. Your notification should state exactly what you need to do to get it right. .