Eviction

[Kal Paneliya]

Hi Everyone! I have a question for a friend of mine. He is living in this town home that is owned by somebody that he knows from his community. When the landlord bought this home, as per HOA policy, he could not rent it out during first year. So he offered my friend to move in with a very reduced rent and asked him to say it's his uncle's home if somebody were to inquire. That was 3 years ago. Time passes without any issue and they never signed any lease either. Now, my friend and this home owner have some personal issue on one matter and they had lot of arguments. So, to take the revenge, the angry and distressed home owner asked my friend to empty his home within 3 days or he would call police to empty the place. My friend is scared due to this. Is this possible that he can be removed from that place in this short time, especially when there is no lease? If cops are called, can they do anything? Please reply your opinion. Thanks a lot.

[Kyle J.]

Landlord-tenant laws vary state to state, but in general a written lease is not required to create a legal tenancy. And your friend should have a pretty easy time proving he's a lawful tenant, even without a written lease, if he's lived there for 3 years. Simply showing 3 years worth of mail addressed to him at that address, utility bills with his name/address on them, and/or the address on his driver's license should all suffice. Without a lease though, the default tenancy is usually month to month. And in no state can the landlord have the police throw a tenant (even a month to month one) out "overnight" because they had a disagreement. The owner would first need to give notice that he's terminating the tenancy.