Am I a tenant in an apartment if I have a verbal contract both of us agreeing that I stay for less than 1 year with the landlord or a tenant renting from a landlord?

If not, what am I? What are my legal rights especially regarding eviction?

Asked on September 28, 2015 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Are you paying rent? If you are, you are a tenant if paying directly to the landlord or a subtenant of another tenant, if you are paying to the tenant. You would be a tenant or subtenant on a month-to-month basis under an oral that's the better term than "verbal" lease. This means that you could be made to leave on 30 days notice just as you could choose to move out on 30 days notice or if you fail to pay rent or do certain other, fairly obvious, things, like disturb other tenants, damage or destroy the landlord's property, etc.. 
If  you are not paying rent, you are a guest, not  tenant, and the person who gave you permission to stay there can withdraw permission at any time and ask you to leave immediately.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.