month to month rental no lease
I have a verbal month to month lease on a house. I told him 2 weeks ago March would be my last month there. Now The landlord is threating to evict me tomorrow if I dont pay for March rent even though when I moved in i paid him first, last and security deposit. He claims if I don’t pay march’s rent by tomorrow he will call the cops and tell them he doesnt know me and doesnt know why my stuff is in the house and therefor kick me out. Can he do this, or does he still have to follow the laws for eviction since we dont have a written lease?
Re: month to month rental no lease
He still has to follow the laws of eviction. Hopefully, you gave him your notice in writing and had him sign a copy as received.
Burton Padove
Indiana and Illinois Lawyer, Burton A. Padove
2327 45th Street, Suite B
Highland, IN 46322
Re: month to month rental no lease
Your landlord still has to follow the legal procedures to evict you. The police won’t do a thing–an empty threat. Retain the services of an attorney now; I predict that you will need the same in the future. Good Luck!
Charles Dobra
Charles Wm. Dobra, Ltd.
675 East Irving Park Road – Suite 100
Roselle, IL 60172
Re: month to month rental no lease
A verbal lease has the same consequences as a written lease but the terms are harder to prove for obvious reasons. Your landlord has no right whatsoever to kick you out without legal process, just as if the lease were written. I’d be very surprised if the police were willing to do anything about a landlord-tenant situation; they have no right to.
As far as notice, it should be at least 30 days for a month to month oral lease. However, since it doesn’t appear you gave a notice in writing, you have the same proof problems I discussed above (your word against his probably). Try giving a written notice this time but it’ll have to say you’ll be leaving at the end of April (so you can give at least 30 days notice).
Good luck and contact me if you have any further questions.
Nicholas Chrisos
Nicholas G. Chrisos Attorney at Law
5 E. College Dr. Suite 112
Arlington Heights, IL 60004