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When a tenant occupies a real property without entering a proper rental contract with his or her landlord that occupation is called tenancy at will. This occupation is continued until the landlord provides a notice to the tenant for terminating the lease. A landlord can serve a notice like this whenever he may want to. Usually, the landlord is supposed to give a month’s notice before he can terminate the lease with the tenant. This kind of an arrangement is made between a landlord and tenant and therefore, it is not legally allowed for a tenant to transfer the lease to any other person. This is because the landlord has the right to gain occupancy of the rental premises, after the tenant moves out. Below are answers to few of the more common legal questions about a tenancy wherein a tenant does not have a legal rental agreement with his or her landlord: Is it legally possible for a person to continue occupying a rental unit as a tenant that he shared with his girlfriend who had recently passed away?
In many cases, a person may reside in a rental property without entering into a proper rental contract. Although, he lives in the apartment without a lease, he pays regular rent. In general, this kind of an arrangement could be either verbal or written. Therefore, in a situation like this, such an agreement can be withdrawn by both parties at anytime, whenever they choose by giving each other a thirty days’ notice of termination in writing or a full rental period in advance. None of the parties need to provide a reason for terminating the lease. A landlord would need to send the notice on the first day of each month in case the tenant gives the rent on the first day of every month. In this type of an agreement, no one can impose their claim on it. It is an agreement where a decision is made after both parties have reached a settlement. What could be the best legal steps for a person who has been asked to vacate a rental unit by giving a notice but still has failed to evacuate within a thirty day period? The tenant rents an apartment in New Hampshire.
In order to make a tenant vacate a rental unit, the landlord could approach the district court for the purpose of getting an eviction notice. For that, he would need to file the forms provided by the local court. Once that is done, the sheriff would be responsible for serving the tenant with the forms. In the forms provided by the sheriff, there would be a return date, commonly called as court date that would ask the tenant to make an appearance in the court and file a form by that particular date. On the day of the hearing, the judge would listen to both parties and if the decision goes in favor of the landlord, he would be given a "writ of possession" of the property. However, after the writ has been issued, the tenant may not vacate the premises. In that case, the sheriff can forcibly get the tenant out of the property. Alternately, there could always be a possibility for the case to turn in favor of the tenant that may allow him to stay on the premises for about a period of ninety days, if the judge allows him to do so. Normally, a landlord has the legal right to terminate a lease at their will. In order to compensate for this particular right enjoyed by a landlord, the law has granted a tenant the right to end a lease anytime at his or her own will. However, there are certain conditions that determine the right to terminate a lease by a tenant whenever they choose. Those conditions may include situations wherein the tenant has caused damage to the property or has tried to transfer his or her right of tenancy to some other individual. Apart from these, other reasons could be transfer of interest in the property by the landlord, giving the property out for rent to another person or death of either the tenant or landlord. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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