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 I paid $1,000,00 earnest money on a house i was trying to buy. A home inspection found the home needed a new?
roof and venting as the old roof was "baking" the shingles from the inside. I asked for $8,000.00 roof allowance. The seller came back with $1,000.00, So I countered and split the ...


 Paying your estate agent.?
We have had our house on the market now, nearly 1 year. So as well as our EA we have decided to try and sell our property ourselves now, we are placing all these free ads on sites etc and set up a ...


 can a share certificate of society be issued to its builder in respect of unsold shops?
...


 why should I reconsider about buying a new house if my brother says not to?
...


 find out how much is owed?
to avoid paying too much who can tell me whats owing on property?the least the provider is willing to accept.thank you for any help....


 How do I remove my name from a lease?
I recently rented a house with my (ex)girlfriend. I found out she was cheating, confronted her, and she threw me out. How do I get my name off the lease? I want no financial responsibility for this ...


 about the amount of principal?
The principal question multiple-choice ...


 When a "foreclosed" condo lists a price, is that the real price or the auction start price?
I was looking at house and condo listings. Some of them have extremely low prices. I dont know much about foreclosed homes so I was wondering what those prices were exactly....


 We signed a 1 year lease....?
We signed a 1 year lease with the old management company but then 2 months later a new management company took over and were stuck with the contract from the old management company. Why didn't ...


 can't purchase online when outside of the us?
i want to buy something from ebay but i can't use paypal. the error info says that the credit card info is not right but it is right. and i also get on sephora.com to buy some skincare product ...


 is it hard to get a real estate license?
how long it taks? how ...


 what is a CondoTown home Row Home Co-Op what does it meant and does it mean i share the home with other people?
does this mean i share the home or i live next to other people i need help!
Additional Details
wu binbin that was the wrost answer i ever got your just a solicter. i mean as in a home i ...


 Is a landlord allowed to demand silence in a lease agreement?
My landlord is adding a clause to the lease agreement that says, "The house environment will be conducive to study; therefore quiet time should be discussed and respected by each tenant. Also, ...


 good real estate agents?
I am looking for good real estate agents to give my property for rent in Malleshpalya, Bangalore (Near new tippasandra).

If you know of someone, please let me ...


 Can I accept a rent check from a tenent, that I gave a 60 day notice to move?
I am removing him from the property because he uses it as a biker bar. I have warned him several times and am finally fed up. Even the sherriff called me and said thank you for getting rid of a drug ...


 what if i want to add rules for a boarder's stay on my property without a lease?
i own a condo and i rent out the other bedroom to a boarder in the absence of a lease.

he's almost never here, but his guests are here in his room near continuously. his guests are ...


 what are reasonable guest rules and air conditioner usage for a boarder in a condo?
i pay a mortgage on a 2 bedroom condo unit. i live in 1 bedroom and i rent the 2nd bedroom out to a boarder.

since he's moved in (about a month ago), his girlfriend stayed in his ...


 When you go to a property auction do they tell you at the auction if the title is clear?
...


 What recourse do we have against our rental agent?
We moved into a townhouse about six months ago and found that repairs and general cleaning had not been done since the owner of the property moved out as promised. We notified the rental agent and ...


 Husband added wife to home title with gift warranty deed?
home is now in both names------the original title is fee simple----it says" all of the parcel "not part of -------it doesn't say right of survivorship anywhere-- ---they are in Ttexas--...



Ami
what happens if tenant does not sign lease agreement?
tenant does not sign lease
Additional Details
Ok, let me clarify. My Mom has a grage/storage space that she currently has renting. Well, he is 8 months late on his rent so I am trying to make it an official rental (in writing). He did not sign the lease she sent to him 1 year ago. Currently, I am requesting all past due rents or properties inside garage are liened and will be sold to offset past due rents. THEN, effective 9/1/2010 I am requesting him to sign a lease. What if he doesnt?
                      




mike
Rating
tenant is not considered tenant.


Lady Luana
He/she is not a tenant, since they have no right to be an apartment unless an agreement has been signed.


Blondie
Rating
if the tenant doesn't sign the lease, then it's not a valid lease and neither you or the tenant is obligated to comply with it.

however, if the tenant has been living in the apartment for some time and has been paying rent, you and the tenant are considered to be on a "month-to-month" agreement, so the rules that apply to that type of tenancy (depending on your state/city laws) would apply in your case. so, for example, the tenant may have to give 30 days notice before moving out.


lightupthesky25
If he didn't sign the lease, then he is considered a month-to-month renter. To collect on the rent owed, you would have to prove that he agreed to rent the unit for X per month. The burden of proof will be on you for that.

Since he is considered a month-to-month renter, he can terminate the lease with a 30-day notice. The good news for you is that you can do the same. Actually, since he is behind on the rent now, you can send him a pay-or-quit notice (meaning, pay in X days or he'll be evicted). If he does not pay or leave by the date specified in the notice, you can file formal eviction proceedings with your local court to have him removed from the property.

Assuming all the rent is caught up, if he won't sign the new lease and you don't want him to continue on without doing so, then you can give him a 30-day notice to vacate the property. Again, if he doesn't vacate by the time he is supposed to then you'll have to file formal eviction proceedings.


Simpson G
A written lease does not have to be signed for a person to be on a lease. Verbal leases are legally binding, but harder to enforce due to the lack of a paper trail and specifics.

Your state may have laws governing how long someone can be on an unwritted lease. For example, in Washington state, leases longer than a year MUST be written.

If the tenant is not in a lease (meaning for a specific period of time), he will be by default a month to month or periodic tenant. Even if it's verbal, this is still a legal tenancy.

As long a both of you agreed to terms, which could be as minimal as a dollar amount for rent and when it's do, the tenant is in a rental agreement.

Edit: You could have two different things here.

1. Your mother must only adhere to the laws of self-storage locations. Which means she sends notice, publishes an ad in the paper, and then if no response, can sell it.

2. Your mother must adhere to abandonded property laws of her state/county/city

If it were me, I'd follow whichever of the two is more protective of the MIA renter. More notice, longer notice, or whatever.

There is no occupancy issue here, so this is most likely NOT a landlord/tenant issue.

You don't use the word "liened" and you only include legally pertinent information.

Dear Mr. Tyrone Rugen,

This letter serves as final notice that you are outstanding on rents due on your stored items located at 111 Floren Way, Gilder, CA. If you do not remove the items by November 1, or pay rent in the full amount of one thousand one hundred dollars ($100x 11 months), your items will be disposed of by the owner.

Thank You,
Wesley Roberts
DPRoberts@Humperdink.rous
(323) 464-6266

Send this letter with return receipt and amend it to follow the laws of the area.


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