Can a tenant have a month-to-month handshake agreement with the landlord one day and then be given a 10 day vacate notice over the telephone the next?
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Can a tenant have a month-to-month handshake agreement with the landlord one day and then be given a 10 day vacate notice over the telephone the next?
I was unable to pay the rent and explained to the landlord I would have the missed month and the next month’s rent in 30 days from that day. The landlord verbally said we would take it month-to- month with a handshake agreement with a third party in the conversation as a witness. The following night I receive a phone call from the landlord saying that I had 10 days to vacate. Is this legal?
Asked on August 6, 2019 under Real Estate Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A handshake agreement regarding late or unpaid rent is not unenforceable. If you were unable to pay the rent, you can be evicted for nonpayment of rent. If you don't leave when requested by the landlord, he cannot simply lock you out, but must file an eviction action in court, which will take generally 2 weeks; but if you do not pay the rent, he will win the case and be able to evict you.
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