Important Eviction Questions.....

[Aria]

Important Eviction Questions...

Can a tenant in "PA" be evicted without a written or oral lease/rental agreement?

If a tenant falls behind in their rent by a few months for financial reasons however starts making weekly rent payments can a landlord still evict the tenant?

Even though the landlord accepts the weekly payments and at the same time still requests the full amount and has no written or oral lease/rental agreement can he still win the case and get a judgement for eviction?

What can tenants do to contest/dispute the eviction?



[Edited by Aria on 03-07-2001 at 01:01 PM]

 

[LL]

You didn't say anything about what state you are in. That may make a difference in the answers to your questions.

In general:

"Can a tenant be eviction without a written or oral lease/rental agreement? "

Yes, of course. You didn't break into the apartment and then start living there, never paying rent, did you? There was some agreement with the landlord that you could live there and pay some rent, I'm sure. That's a rental agreement, even if it is not in writing. It is probably valid under any state's law, since it probably happens often. If you couldn't be evicted, it means that you could stop paying and stay there forever. Of course you can be evicted.

"If a tenant falls behind in their rent by a few months for financial reasons however starts making weekly rent
payments can a landlord still evict the tenant? "

Yes, although if the landlord gave you official notification of how much rent was owing, if you paid any part of that rent owing, then the landlord will have to give you a new notice if your state requires that. The relationship between your paying off the rent slowly, and eviction, is a matter of agreement between you and the landlord. If he is willing, fine. If not, you've got to go.

"Even though the landlord accepts the weekly payments and at the same time still requests the full amount and has no
written or oral lease/rental agreement can he still win the case and get a judgement for eviction? "

I think I have answered that. The answer is Yes.

"What can tenants do to contest/dispute the eviction?"

As a practical matter, not much. Although there are attorneys that may promise you lots of things, the basic facts still remain, namely that you owe rent, the landlord isn't expected to support you and he is entitled to get his property back in order to return it to income-producing status, and all judges understand that. Don't let an attorney talk you into anything, especially anything that has you lie in court. In the end, the result will be the same, and you will have to go, and you may get into trouble for lying.

P.S.
You might even have to pay the cost of the landlord's lawyer and all of his court costs, in addition to paying your own lawyer.








[Edited by LL on 03-07-2001 at 01:07 PM]

 

[2L_girl]

Hi, I'm from PA, not a lawyer or landlord. However, even without a written lease, you have a verbal agreement to rent your apartment. You absolutely can be evicted, but your landlord can't just tell you to get out, he has to get a court order. As for what you can do, you should have recipts for every rent payment. I understand you have had a problem paying your rent, if you are behind in your rent, he CAN evict you for that. If you go to court you will need to have all of your DATED recipts as proof of payment of rent. The judge will make you pay for any back rent, or rent you cannot prove you paid.(possibly w/ interest)
If you are behind in your rent and you are giving him money weekly to pay current rent, he is not going to apply THAT money to the current, he's gonna count it as back rent.
If you are paid up on back rent and are paying him weekly amounts that total your whole rent, you need to just hold on to the money til the end of the month and then give it to him. He can't evict you for the way you pay your rent, but if I were him, it would concern me that you are a risky tenant.