YES they have every right to give you a 5 day notice for not paying. 5 days is totally legal when the rent is not paid. NO you do not get 30 days when rent is not paid. If they were evicting you for any other reason then you would get 30 days.
In real estate, everything has to be in writing to be valid. Oral contracts, agreements, and promises aren't worth the paper they are written on.
Absent of a written lease, you are a month-to-month tenant.
Who in their right mind is going to believe that you moved in without signing a lease and with three months rent worth of free rent up front???
The judge will not, I assure you.
You are being evicted for non-payment of rent, that is it. You have two choices, either pay up or move out.
Good luck
In the world of real estate, agreements need to be in writing. By staying there you create an automatic lease and are called a "tenant-at-will". You could push this to an eviction proceeding in front of a judge. Maybe if you could coax the old manager to testify that she offered you this you may have a chance. Outside of that you would have to overcome the legal concept of unjust enrichment or why should you benefit off the back of the landlord. rentplex.com
Look up evictions for non-payment, those are the ones that fit your situation.
Unless you can prove you paid rent you are going to be evicted, it will attach to your credit so other landlords will know, and your wages garnished for the money, plus the cost of evicting you.
They are not obligated to honor an agreement you can't prove exists. You owe the rent. ALL real estate transactions MUST be in writing, so your deal doesn't exist.
The situation is, unless you can prove, IN WRITING, that you were not obligated to pay rent, then you pay it or you get evicted. PERIOD.
Since you didn't have any lease in place, you respond to that 5 day notice. You have no rights in this case; you've never paid rent and have nothing in writing. You are essentially a squatter; I know that isn't your intention, but that's what you are.
You have no written proof the agreement, especially since you did not sign a lease. You'll have to pay the rent owed or move; if you do neither, you will be evicted for non-payment of rent.
Quoting you: "It is very true that I cannot prove it but if I've been living there this long without paying rent there has to be truth to what I was told."
No. I find it very hard to believe that a property manager would promise you three free months without requiring you to sign a lease guaranteeing to stay beyond the three free months.
And the truth doesn't matter anyways. What matters is what is down on paper - which is NOTHING.
Quoting you: "I do know that you can move into apartments without signing a lease and that makes you a "tenant at will". 30 days must be given to vacate, not 5. Correct?"
That would be correct if you had paid your rent. But you haven't. Tenants who don't pay get evicted.
New management does not have to accept this deal which is NOT in writing. Sorry to say you owe. and will be evicted if you do not pay.
I moved into an apartment on May 29, 2014. I didn't not sign a lease and the property manager offered me three months free rent but never put it in writing. She was fired 2 weeks ago. The new manager has come along and will not honor the previous made agreement and wants me to pay for the 2 months I've been there or move. Last Friday I received a five day notice on my door. I've looked at the lanlord-tenant act & can't find any information that fits my situation. Suggestions? Advice?
Please Help!
