Can a tenant be evicted by a landlord when there is no lease or rental agreement?

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Can a tenant be evicted by a landlord when there is no lease or rental agreement?

We were confronted by our landlord as one neighbor called the police on us over 7x this year stating we were “loud”. All the police reports document that they found nothing going on at our apartment. The neighbor calls at all times, day or night. we have no rental agreement or written lease. Can the landlord evict or threaten to evict us based on reports that clearly document that there was nothing going on?

Asked on May 22, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have no written lease, you are month-to-month tenants on an oral lease. When you are month to month tenants, either party (that is, either the landlord or the tenant) may generally terminate the lease on 30 days notice, for any reason.

In addition, the landlord is not bound by the police reports--they are evidence, but do not control the outcome or prevent the landlord from taking action if the landlord believes it warranted.. If you are disturbing the right of peaceful enjoyments of other tenants, and are continuing to do so after warning to stop, that could provide grounds to terminate your lease even if you were not month to month tenants  (e.g. even if you had a written lease for a definite term).

From what you write, therefore, it appears that you could be evicted.


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