Can my landlord kick me out without a written contract or lease? In short, yes. Since an oral contract is legally binding and establishes a legitimate lease, the legal rights of the landlord and tenant under the Housing Act apply, which include the right of landlords to repossess their property. How to terminate/terminate a rental without a written contractTo terminate ANY lease, correct and appropriate legal procedures must be followed. In my girlfriend`s case, you can`t just tell her to leave in the middle of the agreed fixed term with 4 days` notice just because there is no written lease. However, it is a bit difficult to prove when the agreed end date of the rental is. In any case, the tenant is entitled to a notice period of at least 2 months during the period (this is a legal right), which must be served with notice in accordance with § 21. The only way my friend or another tenant can be «pushed» out of a lease during the cut-off period is if the landlord has reasons for the eviction (p.B. rent arrears), in which case a section 8 notice must be sent to the tenant. If you want to go through all the ways a tenancy can be terminated, whether you have a written or verbal agreement, here is a list of ways to properly terminate a lease.
If you`re a landlord who wants help evicting a tenant and you don`t have a written lease, you can skip here for free legal advice for landlords. No conditions. Even though «verbal agreements» are legally binding, it is always recommended to always have a written rental agreement. First of all, and quite honestly, a landlord or tenant who doesn`t have a written contract is a complete contract for brains. Too good German. But I am sincerely serious. Written contracts are there to protect both landlords and tenants. I would interview any tenant or landlord who pursues a tenancy without a written contract. In my opinion, this sets off alarm bells. Secondly, a written rental is established in order to avoid misinterpretations and to accept the most important points of the rental. With a well-written lease that outlines the responsibilities of the tenant and landlord, everyone knows where they are and what is expected, and any disputes in the wider area would be avoided. How to create a written leaseA written lease couldn`t be easier.