@Anonymous wrote:
If the agreement to move in was a signed agreement there would be some protection. If it was just an under the table "sgreement" to move in prior to the already mentioned purchase agreement, or it was actually an addendum on the closing papaerwork, once it falls out of escrow there is no framework to stay. You are not a tenant in those situations, but a buyer with an agreement to take possesion of the property early. Tenant laws would not apply I don't believe. Even more so since I saw no listing of him paying rent, just the deposit. Although it is in way rent, the deposit was taken when the contract was defualted upon. In the end, no matter what, you are best to just try to work it out amicably with the seller.
Actually, state laws are pretty consistent on the absence of a signed lease implying a month-to-month lease. That's meant to protect both the "landlord" and the "tenant" -- even when that relationship is tenuous and not actually in writing.
Even if the OP had a familial relationship with the "landlord" and had no other agreement in place, it would still be considered a "month-to-month" lease. Any time that a person resides in another person's household for longer than two weeks, it's considered, legally, a tenancy. Only the rent amount and responsibilities are usually open to interpretation depending on the state's law.
Like if your cousin "Bob" came to stay with you for a week or so until he got back on his feet -- and ended up abusing your hospitality by overstaying his welcome (as long as it was OVER two weeks), you'd have to officially serve him with a notice to vacate -- and if that didn't work, you'd have to file an eviction in a judicial court. THAT I know is universal with all states.
Now, OTOH, could you PROVE without a signed lease that Bob agreed to pay you $500/month in rent? Nope. So you'd be *blanked* there, too, in addition to having to go through legal channels to get him out. Leases are usually more for the protection of the LL than the tenant. Most states protect the tenant more than the LL.
And no, you don't want to know how I know. I can tell you that I spent a LOT of time in a legal forum discussing this issue with oodles of people and doing the Googling for a lot of people in the OP's position -- with snotty lawyers at that forum checking my homework, so to speak. I might not know every detail on every state, but I've researched enough states (LA, included) to know that it's pretty much standard.
The only real LL/T law provision/statute that usually varies by state is when the tenant can refuse to pay rent due to unsafe/uninhabitable conditions. And dealing with security deposits. But eviction and leases? That's universal AFAIK.
