Are Verbal Housing Agreements Binding? (renters, eviction, month-to-month)

[boise.housing.questions]

I have been breaking my lease agreement by allowing someone to live in a spare bedroom in my house. I know this is wrong, but it's not working out and I need her gone ASAP.

Are "verbal month-to-month lease agreements" binding?

Bottom line is that I gave her 2 weeks notice to move out, she's demanding that I give her 30 days at the very least. Can I kick her out?? Who does the law side with on this one???

I really need your help.

Thanks.

[benchfan]

I'm not an expert on this, but I would think you would have the default month-to-month tenancy relationship and she would have 30 days. Likewise, if she decided to move, she would have to give you 30 days notice.

Maybe Lacerta would weigh in or you could PM her--she is active property manager and may know the answer to this.

[Lacerta]

All the Idaho Landlord/Tenant guidelines say about them is

Idaho recognizes the validity of an oral lease for tenancies lasting less than one year, as long as the parties have agreed to all of the terms. However, the specific terms of an oral agreement are difficult to prove because people tend to remember conversations differently. A written, signed lease avoids the problems of a "he said/she said" situation.

In practice, what is usually assumed is that notice on a verbal lease must be for at least the same amount of time as the rent period. If the tenant is paying rent weekly, then 1 week's notice, if they are paying monthly, then 30 days notice.

[truckingbronco]

It doesn't sound like you had the legal right to rent the room in the first place, so you probably didn't have a valid contract to begin with. Basically, you could kick her out and she has no legal action against you. She could, however, tell your landlord and get you kicked out as well, so tread lightly.

I'm not a lawyer so take it as you will.

[Granarmas]

I'd give them what they want. Angry renters can cause a lot of damage.

[1V23]

Technically, you just can't kick her out. She has established residency. You will have to through what is know as a civil eviction process. You'll have to file in court.

[Lacerta]

Originally Posted by truckingbronco

It doesn't sound like you had the legal right to rent the room in the first place, so you probably didn't have a valid contract to begin with. Basically, you could kick her out and she has no legal action against you. She could, however, tell your landlord and get you kicked out as well, so tread lightly.

I'm not a lawyer so take it as you will.

I'm actually not sure about this one. It may have violated the OP's lease, but that doesn't mean it necessarily was an invalid verbal contract. The OPs landlord could kick them both out for the OP's lease violation, but I'm not sure the OP can do so. The roommate entered into it in good faith, and by doing so, is granted some rights. I think if it ended up in court, the judge could come down either way.

Originally Posted by 1V23

Technically, you just can't kick her out. She has established residency. You will have to through what is know as a civil eviction process. You'll have to file in court.

For an "eviction", there has to be a reason, such as non-payment of rent, or destruction of property or a substantial lease violation. It doesn't sound like the roommate has done any of these things. It also takes a few weeks to go through the process. The OP is better off just letting them have the 30 days.