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If you own the place or are the lease holder your roommate is a lodger and you have the right to enter their room. This case is a little different because the owner does not live in the home.
Lodger? Where ever did you get this? You are incorrect.
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Originally Posted by AZ Manager
Signed or not the lease is in full effect, the terms contained within apply because the landlord has provided notification of the terms. Give them 30 days notice as per the lease agreement, the landlord needs to, and evict after that. Even if your state has a law that says month to month is shorter notice you have a lease agreement in place that states otherwise. You might have grounds for earlier because of changing the locks but you would need to provide the state you are in.
An unsigned lease is not in effect. The landlord-tenant statutes are what govern the situation absent a signed lease.
An unsigned lease is not in effect. The landlord-tenant statutes are what govern the situation absent a signed lease.
You are 100% wrong. The terms still apply same as if you had a month to month tenant all you have to do is give proper notice to change the terms of the agreement. The only part of an unsigned lease that isn't in effect is the term of the lease, the end date, but everything is still in place unless it violates law. Same as when you tenants go from a lease to a month to month the lease terms are still in place.
You are 100% wrong. The terms still apply same as if you had a month to month tenant all you have to do is give proper notice to change the terms of the agreement. The only part of an unsigned lease that isn't in effect is the term of the lease, the end date, but everything is still in place unless it violates law. Same as when you tenants go from a lease to a month to month the lease terms are still in place.
The only thing that makes sense is that the tenants are month to month. The rest of your comments make absolutely no sense and is incredible that you think it would be. An unsigned document is not binding on anyone. Therefore, a lease that has never been signed cannot prevail. State statutes govern. Period. No dispute.
To follow your illogic, I can have in my possession a lease - or other contract - and unilaterally decide I want it to control a situation regardless of the other party's signing or agreeing to any terms.
It's not just illogical, it's illegal. No signed contract is no signed contract.
OP, as has been stated by many others above, the landlord-tenant statutes in your locale govern the actions to take in a situation where the tenancy is being terminated. There is a sticky at the top of this forum outlining all the steps to be taken - by your mother who is the owner/landlord.
The only thing that makes sense is that the tenants are month to month. The rest of your comments make absolutely no sense and is incredible that you think it would be. An unsigned document is not binding on anyone. Therefore, a lease that has never been signed cannot prevail. State statutes govern. Period. No dispute.
To follow your illogic, I can have in my possession a lease - or other contract - and unilaterally decide I want it to control a situation regardless of the other party's signing or agreeing to any terms.
It's not just illogical, it's illegal. No signed contract is no signed contract.
OP, as has been stated by many others above, the landlord-tenant statutes in your locale govern the actions to take in a situation where the tenancy is being terminated. There is a sticky at the top of this forum outlining all the steps to be taken - by your mother who is the owner/landlord.
I don't understand why you are confused it is very basic stuff. You are in essence saying that a month to month tenant can disobey all rules because they didn't sign a copy of the rules, you are completely wrong. By seeing the rules in advance and paying rent the tenant is agreeing to the rules and they can be changed almost completely at will, typically 30 days notice is all that is required to change any rules like number of pets, guests, and even parking assignments for month to month tenants. I don't understand your confusion so here is the nolo description of the situation for you maybe you will understand that.
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Rental Agreement Changes Proposed by the Landlord
Landlords and tenants sometimes agree on rental agreement changes, but it’s more common for landlords to announce unwelcome news such as rent increases, a decrease in services, or a variation on a common area rule. Your landlord doesn’t need your consent when he announces a change in your rental agreement—but he doesn’t get to impose it immediately, either. All that’s required is that he give you the legal notice period: 30 days in most states.
In most states, in the absence of a signed lease, when rent is being paid monthly, the lease automatically reverts to a month to month lease, meaning they can be asked to leave with 30 days notice. Your mother would have to send them the letter. She should do so certified, read receipt. If they don't leave, she would then have to initiate eviction proceedings.
I don't understand why you are confused it is very basic stuff. You are in essence saying that a month to month tenant can disobey all rules because they didn't sign a copy of the rules, you are completely wrong. By seeing the rules in advance and paying rent the tenant is agreeing to the rules and they can be changed almost completely at will, typically 30 days notice is all that is required to change any rules like number of pets, guests, and even parking assignments for month to month tenants. I don't understand your confusion so here is the nolo description of the situation for you maybe you will understand that.
I am not at all confused. You are now inserting a different scenario, to wit: rules.
Where and how do rules apply to a no-lease situation? Rules of an apt building are not laws/statutes and do not govern a month-to-month tenancy.
OP, have your mother follow the landlord-tenant statutes of your state for how to properly send a notice to quit. No reason need be given.
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