Answered Um - the deal was that you pay their mortgage and you can stay there? and now they're kicking you out even though you lives up yo the deal ? I would say that is an oral contract to rent the place to you and the fact that payments were made to third party beneficiary (bank) not landlord doesn't change that. so ... you could be evicted in a 30 day notice but not a three day, IMO - if I have the facts right
Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No... more
Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No attorney-client relationship is created, and you should not take or fail to take actions based on my answers. Consult an attorney in your area. Time is often of the essence. Act quickly!
Answered In general all contracts for the sale of land must be in writing. You do not state enough specifics about your situation for anyone here to advise you
While not common, a monthly rental agreement can be oral and the terms are determined by the course and conduct of the parties. For example, if you have an oral agreement to rent the property at $1,000/month and have paid $1,000 each month for 3 months on the 1st of each month, that would be sufficient evidence of a monthly rental agreement.
If you fail to make the payment for month 4 – yes, you could be evicted based on that failure to pay.
If you believe you have a defense to the eviction because of an oral agreement with the landlord, seek the advice of a local attorney immediately. Your failure to timely respond to the summons and complaint will result in you being unable to assert any defense. You must file an appropriate response with the court within 5 days of service. Good luck.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Answered If you did not have a written agreement for title to the property, then you are probably out of luck.
Without that you will probably be treated as month to month tenants.
If you did not pay the rent, then you can be given a 3 day notice to pay or quit. If you pay, you stay. If you don't, you could be evicted.