no rental agreement can my landlord evict me without 30 day

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Latest post 06-18-2009 1:41 PM by Drew. 2 replies.
  • 06-18-2009 1:06 PM

    no rental agreement can my landlord evict me without 30 day

    i live in new mexico my girlfriend is renting a house from her former boyfriends father. The ex boyfriend and my girlfriend broke up but the father let my girlfriend stay living there with a child with no rental agreement/lease . My girlfriend has won the cusody battle now the father (owner of house) is mad and wants her to sign a rental agreement/lease this sunday . She doesnt want to do this, and we are freaked out that he will throw her out of the house come sunday if she doesnt sign it. We are looking for a new place to live and we need a little bit of time to get into a new place. She has ALWAYS been on time with rent. Does the owner need to give 30 days notice for her to move out or can he just thow her and the kid out? and if he does need to what state code does that fall under? keep in mind there is no rental agreement or lease PLEASE HELP

  • 06-18-2009 1:21 PM In reply to

    Re: no rental agreement can my landlord evict me without 30 ...

    As long as she has been paying rent she is a month to month tenant and must be given at least 30 days written notice of termination and it must be for the full rental period. So if he gives her notice today the move out date would be July 31 if her normal rental date is the 1st of the month.

    Here's the NM landlord tenant statute.

    Look for 47-8-37 Notice of termination.

    http://www.thelpa.com/...

    Read the rest of the statute, too. And print it out and keep it as your bible no matter where you rent.

    And if she has any problems with the guy, make sure she puts everything in writing and quote the statute so the LL knows that she knows what she's talking about.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-18-2009 1:41 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,591

    Re: no rental agreement can my landlord evict me without 30 ...

    Suggestions from a distant LL:

    How frequently does she now pay rent? Monthly? Weekly? Matters a lot as to required notice.

    A LL is supposed to follow due process before a tenant gets tossed --read up as to AZ!

    Yes there is a lease--an oral lease!  At least until some court hold otherwise, which I doubt will happen given that she paid and he accepted rent. .

    Now if somebody told me I must sign a lease I'd be very polite but keep my yap shut except to be nice and look at lease and tell them I need to review the terms and I'll get back to them. I'd not be nasty and I would NOT comment to LL as to my view of facts or law.

    If LL hands me a lease but no notice he has already dropped one ball--but do NOT educate him.

    Were I the LL for sure I'd want a written agreement to protect me--but that doesn't mean I'll get it!

     



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