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Can I evict a tenant without a written lease agreement?

Can I evict a tenant without a written lease agreement?

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 typically considered an at-will or month-to-month tenant. Even without a written agreement, the tenant is still expected to pay rent as long as they occupy the property.

To initiate eviction, you must serve a written notice to the tenant, detailing the amount of rent owed and giving them a specific time frame to pay, as required by state law. In New York, for an at-will tenancy, you must provide a 30-day written notice to terminate the tenancy.

While you can still proceed with eviction, not having a written lease may complicate your case. You may need to provide other evidence, such as canceled checks, to demonstrate the agreed-upon terms. According to New York law, a 30-day notice must be served to the tenant, allowing them time to vacate the premises before you can take further legal action (N.Y. Real Prop. Law § 228).

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.