Asked by: Helmut Scheffke
Asked in category: real estate, real estate renting and leasing
Last Updated: 3rd Jul 2024
What rights do tenants without Florida leases have?
You can either evict the tenant or allow them to leave at any time if there is not a written lease. Proper notice is not required, although most landlords try to give at least a few days notice. For monthly agreements, notice must be given at least 15 days in advance.
What are my rights, therefore, if I don’t have a lease?
If there is no lease, landlords can evict tenants. A written or oral lease cannot be evicted by a landlord. The reason is that a landlord can still evict you if there is no lease. You will be in a month to month tenancy and you must pay rent monthly or more often if you have an agreement.
What are the rights of tenants in Florida? Florida tenants have the right to quiet enjoyment of their home. Florida lease law requires that landlords give notice to tenants before they can enter their apartments. A reasonable notice must be given by the landlord. The landlord must give a minimum of twelve hours notice for repairs.
How do I expel a tenant in Massachusetts without a lease?
As with all other evictions the landlord must issue a notice of quit to the tenant, stating the details of the offenses. The notice to quit is usually a 7-day notice if the tenant holds a standard lease. It's possible to use a 30-day notice for tenants who do not have a written lease.
How can you expel someone who doesn’t have a lease?
There is no need to evict. No lease simply means that it is a monthly lease that you can end at any time. First, inform them in writing that they must move out within 30 days. If they refuse to move, inform them in writing that you will take legal action (an expulsion) within 3 days.
17 Related Question Answers Found
What a landlord can and Cannot do?
A landlord cannot refuse to rent to persons in a protected class. A landlord cannot provide different services or facilities to tenants in a protected class or require a larger deposit, or treat late rental payments differently. A landlord cannot end a tenancy for a discriminatory reason. A landlord cannot harass you.
How can I ruin my landlord's life?
7 Steps for Fighting – and Beating – a Bad Landlord
- Start a written record. The problems with my landlord started almost immediately after I moved in.
- Check your lease agreement. If your landlord agreed to something in your lease, he has to follow it.
- Send written requests.
- Decide if you have a case.
- Seek legal assistance.
- File a civil lawsuit.
- Fight discrimination.
Can you live with someone without being on the lease?
Yes, someone can live with the tenant without being on the lease. However, it is important to distinguish the difference between a guest and a long-term guest.
How do I evict someone without a lease in Florida?
If there is no written lease, you can evict a tenant or they can leave the property at any time. No proper notice must be given, though most try to give a few days. Notice must be given 15 days before rent is due for monthly agreements.
Can my landlord sue me without a lease?
If a person has no lease, he/she may be evicted with proper notice. Landlords may sue for unpaid rent as well as fair compensation for any holdovers' use and occupancy after commencement of proceedings.
What type of lease is month to month?
Month-to month tenancy is a periodic tenancy wherein the tenant rents from the owner on a monthly basis. This type of tenancy is most commonly found in residential leases. Other variations of tenancies found in lease contracts include tenancy for years, tenancy at will, and tenancy at sufferance.
Can I stay in my apartment after my lease is up?
A holdover tenant is a tenant who stays in the rental unit after the lease expires. If the tenant continues to pay rent, the tenancy essentially becomes a month-to-month tenancy. A holdover tenant is legally allowed to stay in the rental unit as long as the landlord takes no action to remove them.
How long do you have to live somewhere to be considered a tenant?
Any guest residing at the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant. This person must be added to the lease agreement. Landlord may increase the rent any time a new tenant is added to the lease.
How much notice does a landlord have to give a tenant to move out in Massachusetts?
A landlord can simply give you a written notice to move, allowing you 30 days or the interval between days of payment—whichever is longer—as required by Massachusetts law and specifying the date on which your tenancy will end.
How do you evict a tenant at will?
Evicting A Tenant-At-Will
This sets up a month-to-month tenancy that can be terminated by either the tenant or the landlord a with 30-day notice. To evict this type of tenant, you need to give tenants a minimum of a 30 days minimum notice to quit.What are my rights as a tenant at will in Massachusetts?
It is also called a "month to month tenancy" because landlords usually require tenants to pay rent once a month, in advance. As a tenant at will, you have the right to "lawful and exclusive possession" of the place you rent. This means your landlord can only come into your apartment with your permission.
What happens when notice to quit expires?
Once the notice to quit expires, the tenant is no longer seen as a tenant of the landlord. The notice to quit is necessary so as to give the tenant enough notice and time to leave the property. During this period however, the landlord can still collect any arrears of rent which the tenant may owe him.
What are squatters rights in Massachusetts?
A squatter can claim rights to a property after residing there for a certain amount of time. In Massachusetts, it takes 20 years of continuous possession for a squatter to make an adverse possession claim (MA CC 260 § 21). When a squatter makes an adverse possession claim, they can gain legal ownership of the property.
How much does it cost to evict someone in Massachusetts?
You hire the constable again (this time, you have no choice) to serve a “summary process summons and complaint.” This is the technical term for eviction. This official notice will cost you $140 all-in.
Does a notice to quit have to be hand delivered?
Receiving a Notice to Quit
Anyone can personally deliver it to you, including the landlord. A landlord may leave it with your spouse. A landlord may send it to you through regular first-class mail. A sheriff or constable may personally deliver it to you, although this is not necessary.How long does it take to evict a tenant at will in Massachusetts?
The notice must state that the tenant has 14 days to either pay rent or move out of the rental unit, or the lease will terminate. If the tenant does not pay the rent or move out within the 14-day time period, the landlord can file the eviction lawsuit with the court.
How do you kick a month to month tenant?
Landlords may usually use a 30-Day or 60-Day Notice to Vacate to end a month-to-month tenancy when the tenant has not done anything wrong. Many rent control cities, however, do not allow this; they require the landlord to prove a legally recognized reason for eviction ("just cause") of the tenants.
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