Being evicted with no lease agreement

[swbell6]

Originally Posted by Caltovegas

What's stopping her from putting your possessions on the street now? To be on the safe side before you go it might be a good idea to rent some storage space and consult with an attorney. But I don't see where anything can come back on you if there's no paperwork but of course I'm no Lawyer so my opinion means basically nothing. If she is talking about a short sale it sounds like there's more to all this.

It's called "distraint" and it's illegal in Arizona. You cannot hold a tenant's possessions for nonpayment of rent, without going through the judicial process of eviction first. A lease of more than one year should be in writing, but even so she would be considered a month-to-month tenant and still has certain rights in Arizona. It's a tough situation to be in - good luck!

[ysr_racer]

What lesson can we learn from this?

[CSD610]

Originally Posted by nn92484

This situation is very upsetting.

This is in Arizona, and i'm unclear on how this'll go down here, despite all the "googling" i did.

Situation is this: I'm being evicted from a house that i purchased with my sister 8 years ago. At the time, i had not yet established any credit to be on the title, so she said we could add me to the title further down the road.

After getting my credit up, and ready to be on the title, she decided that it wouldn't be good to do that, and to just maintain our current situation. I have been on time with EVERY single payment (mind you, i pay the mortgage payment directly to the bank, and not to her)

Then one day out of the blue, she turns Mrs.Hyde, and threatens me to either leave the property, or get evicted. She did an illegal eviction at first, by locking us out, which the judge ruled in our favor.

Then a few years down, she calls and says that to either give her $120k "by tomorrow," or she'd put the house up for short-sale. With that said, i decided to look for a new place, and have her pay her own mortgage while i do.

So i missed 2 months "payments," giving her cause to evict.

My question is, without any clear lease agreement, and the house being in her name and all, is she entitled to sue me for not paying HER mortgage? And after the hearing, which i'll probably miss cuz i'm traveling, what will happen to my posessions if i'm gone?

I would sue her anyway whether you want to or not for all the mortgage payments you made directly to the bank with all of your receipts to prove that you did make those payments yourself. Also, cross her off your Christmas List and your sister list and do not ever do anything in the future with relatives especially when it comes to money and if you decide to do this again be sure and have everything in writing signed and all of that THROUGH AN ATTORNEY.

[Steve Pickering]

Originally Posted by ysr_racer

What lesson can we learn from this?

Always put it in writing




and as to a law suit, on what grounds? They had use of the dwelling and it could be considered fair renumeration.

Family is still family, so get out, get over it, and move on.

[INDIO ARTE]

Ive been renting a house for over 30 days now without a lease aggreament,and now my landlord said i have to be out by tomorro,is there a law that gives me more time to move out and not thrown in the streets?i live in phoenix ,az.

[tumamoc]

You probably won't read this because you are busy packing up your stuff, but I suspect you are plum out of luck if you never had any sort of written contract.

[observer53]

Originally Posted by INDIO ARTE

Ive been renting a house for over 30 days now without a lease aggreament,and now my landlord said i have to be out by tomorro,is there a law that gives me more time to move out and not thrown in the streets?i live in phoenix ,az.

Originally Posted by tumamoc

You probably won't read this because you are busy packing up your stuff, but I suspect you are plum out of luck if you never had any sort of written contract.

Well, he has to go to court first to get you out, if you don't leave, so that buys you a few days IF the judge rules in his favor. And typically, a month to month tenancy requires thirty days notice by either party.

Take a look at this, with particular attention to pages 19 and 26-27. http://www.azag.gov/civil_rights/Ten...sibilities.pdf

[tumamoc]

Good info. I was wrong . Looks like the tenant has at least 10 days to move out after receiving notice if it was an oral lease agreement for week to week and 30 days if it was month to month.