What happens if tenant stops paying rent before lease is signed?

Question

Hi, anybody knows what happens if the tenant only paid deposit and first month rent, moved in and stopped paying second month rent when the landlord hasn't got a chance to sign the lease yet? The tenant signed the lease, but because the leasing agent was busy and the landlord never got the lease before the second month rent is due.

Is it easier to get the tenant out or you still have to go through the procedure of eviction if necessary?

Thank you!

Is it easier to get the tenant out or you still have to go through the procedure of eviction if necessary?

Thank you!

Colleen F. · Answer

In some states the lease would still be considered valid   in particular since the landlord is the one who did not sign and the tenant moved in meaning there is some agreement.  Pay or quit notice, call your attorney but probably follow the same procedures as if they had signed.

Are you sure they are not just sending the message that they want a signed lease back before they keep paying????  this is not unreasonable and after a month is a valid complaint.

Kim Meredith Hampton · Answer

@Ming Liu this really was done backwards. You never let anyone move in until all documents have been signed by all parties, having said that, you can still evict for non payment of rent will or without a lease. Time to call an attorney

Thomas S. · Answer

Your tenant is playing games thinking that since they have not received the signed lease they do not need to pay rent. Serve the notice immediacy to pay or quit.

There response will be to say there is no signed lease. Give them the signed lease and they will likely pay.

I would probably insist they sign a new lease and only offer a M2M and see where it goes. You will ultimately regret having this tenant based on their present behaviour.

The upside for you is since they do not have a lease signed by you they have no evidence to argue otherwise.

David Dachtera · Answer

@Ming Liu,

Time to get with your attorney ...

Colleen F. · Answer

@Greg S.    We don't know all the interactions here they may have already asked for the lease.  Yes its a valid lease but  note you have landlords here asking  and they theoretically should know a lot more then tenants on this point. Is the tenant assuming they have a valid lease including the agreed terms?    I am suggesting it is not unreasonable to get a lease in a month and it is not unreasonable  to address that issue.  The first step is for the leasors to do what they should have already done return the lease probably with the pay or quit notice which would likely also help the landlord legally.  If you want to talk about training this PM and/or landlord  needs the "training"  since they didn't  get this done. Should the tenant  withhold rent no,  that is not reasonable but if you can't get the lease back not every tenant is knowledgeable. This is part of the education you do your part, the tenant does theirs.

No the relationship is not going to go well but whose fault is that?  The lesson is on both sides whether you choose to  recognize that or not.

Jessica Zolotorofe · Answer

Sounds like there was a leasing agent authorized to act as landlord's "agent" on his behalf, and the intent was clearly that the lease would be binding when possession was delivered. Plus, in most states, eviction of a tenant is actually must easier and less expensive than an unauthorized occupant.

Jeff B. · Answer

There's much in favor of signing, receiving rent & deposit onsite and handing over the keys all on the same day.

David Emmons · Answer

In Ohio, we can submit an eviction on non-payment of rents (be sure to specify "all other residents" in the paperwork.   You have to specify there isn't a written lease.   If they fight the eviction.  At that time, your attorney will plead the case using your 1st month's rent and deposit as the basis of your claim.

Not sure how your laws apply, but we can establish a person as a "resident" after they have lived in the property for 7 days.

As I have often recommended other clients...  "If in doubt of your rights, seek a competent legal authority"!

Patrick L. · Answer

You have a verbal lease, you accepted rent and gave them keys.   If they don't pay you will still have to evict, the process definitely isn't any easier without a signed lease.

Thomas S. · Answer

Are you sure they are not just sending the message that they want a signed lease back before they keep paying????  this is not unreasonable and after a month is a valid complaint.

@Colleen F.  This is not a acceptable reasoning. It is illegal to withhold rent regardless of there being a signed lease or not. The tenant paid the first month therefor there is a valid lease, of some sort, in place. If they want a signed lease back the logical thing to do is to politely ask, communicate, not use extortion. This is going to turn out to be a very bad tenant since the first thing they have attempted is to teach the landlord who is in control of the property. Teach or be taught, landlords choice. This tenant needs to learn a harsh lesson and move along.

What happens if tenant stops paying rent before lease is signed?

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