Eviction Without Tenancy Agreement
Description
How to fill out Alabama Letter From Tenant To Landlord Containing Notice To Landlord To Cease Retaliatory Threats To Evict Or Retaliatory Eviction?
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FAQ
It is a legal requirement for the terms of your tenancy to be in a written tenancy agreement. A landlord who does not provide a written, signed tenancy agreement and ensure that a copy is given to their tenant, is breaking the law and could be fined.
A tenant without a written contract is still entitled to all the statutory rights a regular tenant with a contract is, including water, heating, a safe environment etc. In a similar vein, the tenant is still obligated to pay rent on time and take reasonable care of the property.
If there is no tenancy agreement therefore, then there is no authority for the landlord to make any deductions from the tenancy deposit no matter how dreadful the condition of the property when the tenant moves out. If he tries to make any deductions, any challenge made by the tenant will succeed at adjudication.
If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.
An Unwritten Tenancy Agreement Is Not Enforceable in Court.
