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What are my legal rights if there is no lease and tenant is not paying rent as agreed?

What are my legal rights if there is no lease and tenant is not paying rent as agreed?

Q: Can I pay half my rent now and half later?

Paying half your rent now and half later is generally not allowed unless your landlord agrees to it. Most lease agreements require full rent payment on the due date. If you consistently pay late or in parts, it may lead to eviction. Always communicate with your landlord to discuss any payment difficulties.

Q: Is there a late fee for rent in Idaho?

Yes, Idaho law allows landlords to charge late fees if specified in the lease agreement. The fee must be reasonable and is typically outlined in the rental contract. If there is no written agreement, landlords may still impose a late fee, but it must be reasonable. Always check your lease for specific terms.

Q: What's the longest you can be late on rent?

The longest you can be late on rent varies by lease agreement and state law. Many landlords offer a grace period of a few days. After that, late fees may apply, and landlords can start eviction proceedings. Always refer to your lease and local laws for specific details regarding late payments.

Q: Is paying rent late a breach of contract?

Yes, paying rent late is typically considered a breach of contract. Lease agreements usually specify due dates for rent payments. If you fail to pay on time, your landlord may have grounds for eviction. It's important to communicate with your landlord if you're having trouble making payments.

Full question:

I have a tenant who about a year ago started to pay the rent late. A few months later started to pay less than the agreed price. The last couple of months she hasn't even paid half and last two months has been less than $200.00. We do not have a written lease agreement, can I still serve her with eviction papers? And, will not having a written lease cause a problem with the eviction?

Category: Landlord Tenant
Date: 04/07/2025
State: National

Answer:

A tenant without a written lease is generally considered an at-will or month-to-month tenant. A tenant at will is typically required to continue rent payments as long as they are permitted to remain. A landlord must typically serve a written notice on the tenant, specifying the amount of rent owed and demanding payment in a period of time required by state law, or face termination of the lease. To terminate an at-will tenancy in New York, a 30 day written notice is required to be given to the tenant.

It is possible that there will be evidentiary problems in proving the terms of the lease without a written contract. Other evidence may be required to establish what the terms agreed upon were, such as canceled checks, etc..

The following is a NY statute:

Sec. 228. Termination of tenancies at will or by sufferance, by notice.

A tenancy at will or by sufferance, however created, may be terminated by a written notice of not less than thirty days given in behalf of the landlord, to the tenant, requiring him to remove from the premises; which notice must be served, either by delivering to the tenant or to a person of suitable age and discretion, residing upon the premises, or if neither the tenant nor such a person can be found, by affixing it upon a conspicuous part of the premises, where it may be conveniently read. At the expiration of thirty days after the service of such notice, the landlord may re-enter, maintain an action to recover possession, or proceed, in the manner prescribed by law, to remove the tenant, without further or other notice to quit.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the longest you can be late on rent?

The longest you can be late on rent typically depends on your lease agreement and state laws. Many landlords allow a grace period, often ranging from 3 to 5 days. After that, late fees may apply. If rent remains unpaid, landlords can begin eviction proceedings. Always check your local laws and your rental agreement for specific terms regarding late payments.

Can I sue my landlord a year later?

Yes, you can sue your landlord for issues like failure to make repairs or return your security deposit, but there are time limits known as statutes of limitations. In New York, for most landlord-tenant disputes, you generally have 4 years to file a lawsuit. It's best to consult with a legal professional to understand your specific situation.