If it takes 2 months to evict someone, then your deposit should be 2 months and you start the process the day after rent was due.
“Tenants do not highly value protection from eviction” at the time of lease signing “because the objective probability of arbitrary eviction is small” [1]. (The same paper notes that subsequent to the introduction of [German] eviction control in 1971 and 1975, the number of evictions first decreased and then, after some short time interval, returned to its normal average.”)
[1] https://www.econstor.eu/bitstream/10419/92900/1/Homburg1993T...
Well, the thing is, by coming to an agreement, you automatically enter a contract. There is not need for a signed piece of paper; a written, explicit contract is just for both parties to be clear on the terms, to deviate from default terms set by law, and to make possible litigation easier. You do not need to sign a contract if you buy a piece of gum from a vending machine, yet, legally, it is the same process as buying a car.
If I agree to let you stay in my apartment as your residence (that is, not simply a visit), we have entered a lease contract. Thus, tenancy laws come into effect. There is no need for a piece of paper to make what we have a lease.
Verbal contracts do exist. But hey, a piece of paper with signatures looks sooooooo much better in a court of law :)
It does. But the parent post suggested that if there is no signed lease, tenant laws should not apply, and I tried to point out that it does not work that way.