How To Evict A Tenant With No Lease

If you have someone living in your rental property without a written lease in place what do you do? Can you evict a tenant without a lease? Well, this situation can be complex, especially with expired leases or inherited tenants.

Legally, anyone residing in your rental property without a lease is still considered a tenant. As such, you must follow the same eviction procedures as you would for any other tenant, even if there's no written lease agreement in place.

To avoid common pitfalls that could lead to fines or loss of control over your property, it’s crucial to fully understand the legal process. In this guide, we’ll walk you through the legal status of tenants without a lease and the eviction process step by step. We’ll also address frequently asked questions and share strategies to efficiently manage problematic tenants without leases.

Can You Evict A Tenant Without A Lease?

Yes, you can evict someone who isn't on the lease. Even without a written agreement, the law often considers you and your "tenant" to have an oral contract.

In most instances, this arrangement defaults to a month-to-month lease, allowing either party to terminate the lease with 30 days' notice without needing a specific reason.

Even without a written agreement, the law acknowledges your ownership of the property and the tenant's right to occupy it under agreed conditions. You still retain your rights regarding the use and occupancy of the property, and you're responsible for maintaining it in a safe and habitable condition. Likewise, you must respect the tenant's rights, such as providing adequate notice before entering the property for maintenance or property inspections.

To terminate a lease with someone who doesn't have a signed lease agreement, you must follow the same legal procedures as with a tenant on a month-to-month lease. This includes providing an official written notice requesting them to vacate the property.

If the tenant refuses to leave, you can request an eviction hearing in your local court jurisdiction.

What Rights Do Tenants Have Without A Lease?

Tenants without a formal lease still have legal rights. Although the specifics can vary by jurisdiction, here are some general rights that tenants without a lease typically retain:

Right to a Habitable Living Environment: Tenants, regardless of whether they have a written lease, are entitled to live in a rental property that meets basic health and safety standards. This includes adequate heat, water, electricity, and structural integrity.
Right to Privacy: Landlords must provide reasonable notice before entering the rental property. This right applies even if there is no formal lease agreement.
Protection from Illegal Eviction: Tenants cannot be evicted without due process. Even without a lease, landlords must follow legal procedures, including providing proper notice and, if necessary, going through the court system to evict the tenant.
Right to Notice of Termination: In the absence of a lease, the tenant typically has the right to receive proper notice before being required to vacate the property. The notice period usually depends on local laws and the length of time the tenant has been in the property.
Right to Return of Security Deposit: If a tenant has paid a security deposit, they are generally entitled to its return, minus any lawful deductions for damages beyond normal wear and tear. The specific rules about security deposit laws can vary by state or locality.
Protection Against Discrimination: Tenants without a lease are still protected under fair housing laws. Landlords cannot evict or treat tenants unfairly based on race, color, religion, sex, national origin, disability, or familial status.
Right to Challenge Unlawful Practices: Tenants can challenge any practices they believe to be unlawful, such as retaliatory eviction or failure to make necessary repairs.
Right to Notice Before Rent Increases: In cases where rent is paid periodically (e.g., month-to-month), landlords must provide proper notice before increasing the rent, as stipulated by local laws.

Discover your states Landlord-Tenant Laws here →

Lawful Reasons For Eviction

In theory, giving someone without a lease 30 days' notice to vacate isn’t considered an early eviction, so you generally don't need to provide a reason. However, if the person has been living in the property long-term and views themselves as a long-term tenant, they might resist, and the law could sometimes favor them.

To avoid complications, it's advisable to provide a valid reason for asking the tenant to leave, similar to what you would do if breaking a lease early. Valid reasons include failing to fulfill tenant obligations, such as not paying rent or damaging the property, or if you intend to move in or renovate the property. Personal reasons, like animosity toward the tenant, are not valid grounds for eviction.

The following are legally acceptable reasons for ending a tenancy early:

Illicit drug use
Property damage
Breaking contract terms or agreements
Nonpayment of rent
Skipping required utility payments
Unauthorized pets
Health and safety violations
Owner removing the property from the rental market
Owner moving into the property

Providing one of these reasons may allow you to request the tenant to leave in less than 30 days. The exact notice period depends on the situation and local laws, so be sure to check the regulations in your area.

Unlawful Reasons For Eviction

Just as there are legal grounds for eviction, there are also several unlawful ones. You cannot evict someone based on their race, gender, religion, or sexual orientation. Additionally, evicting someone in retaliation for reporting a code violation or filing a complaint against you is illegal and could lead to legal consequences. Other unlawful reasons for eviction include:

Discrimination
Retaliation
Violating lease terms yourself
Retaliatory rent increases
Failure to provide proper notice

Once you’ve identified a valid reason for removing a tenant, you may wonder how to proceed with an eviction when there's no lease in place.

How Do I Evict A Tenant Without A Rental Agreement?

Once you’ve identified a valid reason for removing a tenant, you might wonder how to proceed with an eviction when there’s no lease in place. Here’s a step-by-step guide to help you through the process.

General Step-by-Step Process for No-Lease Evictions

Step 1: Send a Notice to Quit

‍The first step is to send a written notice, known as a notice to quit, asking the tenant to vacate the property. This notice should clearly state when and why the tenant needs to leave. The timeframe for them to vacate will vary based on state laws and the specific situation. You can refer to a 30-day notice to tenant sample template here.

Step 2: File for an Eviction Hearing

‍If the tenant does not leave by the specified date, you can file for an eviction hearing at your local courthouse. In some jurisdictions, you may also have the option to file and submit evidence online.

Once the court processes your filing, they will schedule a hearing date and notify both you and the tenant. At the hearing, you’ll need to explain the no-lease situation, detail when you sent the notice, and provide reasons for the eviction. The tenant will also have the opportunity to present their case.

At the end of the hearing, the judge will decide the outcome. If either party fails to appear, the case is typically decided in favor of the attending party. If the judge rules in your favor, you’ll receive a judgment that can be used to enforce the eviction.

Step 3: Enforce the Eviction

‍Winning the case doesn’t grant you immediate authority to force the tenant to leave. Instead, you must take your judgment to your local sheriff, who will carry out the eviction, allowing you to regain control of your property.

Why Might You Have a Tenant Without a Lease?

There are several situations where you might find yourself with a tenant but no formal lease agreement. Here are a few common scenarios:

Inheriting a Tenant

‍One common situation is inheriting a tenant when you take over an occupied property. This can happen if you purchase a property that’s already rented out or if you inherit a rental property. In such cases, you might not have a direct contract with the existing tenant.

Ideally, you would receive a copy of the existing lease agreement when acquiring the property. However, if no lease exists, you may still end up with a tenant who doesn’t have a written agreement.

To manage this, you can usually issue these tenants a notice to quit. This type of eviction often requires a longer notice period since the tenant had a valid contract with the previous owner. If you didn’t negotiate moving terms before acquiring the property, follow these steps:

Provide an official notice to quit with the proper waiting period.
If the tenant doesn’t move out, file for eviction with the court.
Prepare documents explaining that you did not intend to keep the tenant or why they need to leave before the original contract ends.
If the court rules in your favor, take the court order to local authorities to carry out the eviction.

It’s important never to attempt to remove the tenant yourself.

In many cases, tenants can remain until their original oral agreement expires. While this can be frustrating for the new property owner, it’s fair to the tenant. Therefore, it’s crucial to research and review existing arrangements before purchasing a property to avoid such situations.

Squatters

‍Another scenario involves squatters, who might be former tenants staying beyond their lease or individuals who moved onto your property without permission. Squatters still have rights, and so the process for evicting squatters is similar to evicting tenants.

Even if it’s tempting to force them off your property, doing so could lead to legal trouble. You must notify them that you will file for eviction. Each state and area has different rules for notice periods, so check your local and state landlord tenant laws.

Once you’ve given sufficient notice, you can file for eviction. If the court rules in your favor, you can use the court order to have authorities remove the squatters. Many new landlords are surprised at how similar the process for handling squatters is to that for tenants. People have rights, even if they are technically trespassing, and it’s up to the court and authorities to enforce those rights.

Tenancy-at-Will Without a Lease

‍Lastly, you might have tenants living on your property without a lease but under an agreement that allows them to stay. These are known as tenants-at-will. In such cases, a verbal or written agreement creates a month-to-month tenancy that either party can terminate with notice.

To evict a tenant-at-will, you must provide the appropriate notice as required by your state. Typically, this is 30 days, but some states or localities might have different notice periods. Again be sure to check local and state laws regarding required notice periods.

For eviction, provide at least 30 days’ notice to vacate the property. If the tenant is not paying rent, many states allow for a 14-day notice to quit, expediting the process. In tenant-at-will situations, you don’t need to provide a reason for the eviction beyond your desire to end the tenancy.

How to Evict Someone from Your Property Without a Lease

Landlords often face the challenge of evicting someone from their property when there is no formal lease agreement. For example, parents might need to ask their adult child to leave, but the child may feel entitled to stay.

While this situation can feel different, the eviction process is quite similar to a standard tenant eviction. In this case, the adult child or other individual can be considered a tenant or occupant, and the homeowners act as landlords. Here’s how to proceed:

Send a Notice to Quit: The homeowner must provide the individual with a written notice to quit, specifying when they need to leave the property. The notice period will vary based on local laws.

Follow Proper Eviction Proceedings: If the individual does not comply with the notice to quit, the homeowner must follow the proper eviction procedures, typically involving filing for an eviction hearing in the local court.

Although evicting someone you live with can be complicated, property owners have the right to take these steps to regain control of their living situation. Keep this in mind as you proceed.

What is a Notice to Quit?

A notice to quit is a formal document that informs a tenant of the deadline by which they must vacate a property. This notice is applicable in both lease and no-lease situations. While the terminology may differ, the purpose remains consistent.

When a tenant overstays their lease period, the lease's end date typically serves as an implicit notice to quit. However, issuing a formal notice to quit can be advantageous.

Key Information to Include in a Notice to Quit:

The property address and any relevant lease period details
The tenant’s name and contact information
The landlord’s name and contact information
The reason for the notice to quit (e.g., lease expiration, agreement violation, nonpayment of rent)
The date by which the tenant must vacate the property
Contact details for the landlord or property manager for any questions

To ensure your notice to quit is legally valid, it's important to confirm that the tenant receives it. Sending the notice by certified mail is recommended, as it provides proof of delivery.

Free Notices and Templates

Bonus: Cash for Keys

Evicting a reluctant tenant can be a lengthy, stressful, and costly process. To avoid this, some landlords opt for a "cash for keys" arrangement, offering the tenant a flat fee in exchange for the return of the keys and a quick move-out.

While you can't force the tenant to accept this offer, it can be a faster and more cost-effective alternative to formal eviction proceedings. This approach is especially worth considering if you want to expedite the tenant's departure.

Tips For Preventing Eviction Situations

Avoiding eviction is always the best approach. Here are some tips to help prevent these situations:

Always have a lease agreement in place.
Screen all tenants thoroughly before signing an agreement.

Using high-quality tenant screening services, like those offered by Landlord Studio, can help you find reliable tenants. By ensuring that background checks, credit reports and income verification, rental history check, and other application details meet your standards, you can significantly reduce the risk of facing eviction challenges.

Reduce The Chances Of Late Rent And Evictions With Landlord Studio

Using Landlord Studio can significantly reduce the risk of reaching the eviction stage. Here's how:

Thorough Tenant Screening: With Landlord Studio’s tenant screening services, you can select reliable tenants from the start, minimizing the chances of problematic evictions.
Document Storage: Securely store all lease agreements, notices, and communications within the platform, ensuring you have all the necessary documentation if an eviction becomes unavoidable.
Online Rent Collection: Use Landlord Studio’s online rent collection feature to create a clear digital trail of payments, which can serve as crucial evidence in court if needed.

While eviction can be daunting, having the right tools and information makes the process more manageable, helping you regain control of your property efficiently and within the bounds of the law.

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Final Words: Evicting a Tenant Without a Lease

Evicting a tenant without a lease can be a complex and stressful process, but it's essential to act quickly and follow legal procedures to avoid complications. Here's how you can protect your rights as a landlord and streamline the eviction process:

Ensure Your Reason for Eviction is Legal: Before taking any action, confirm that your grounds for eviction are legally valid.
Identify the Type of Tenancy: Determine whether you're dealing with an overstayed lease, squatting, or tenancy-at-will, as this will guide your approach.
Consider Offering Cash for Keys: In some cases, offering a financial incentive can expedite the tenant’s departure and save you the hassle of court proceedings.
Send a Notice to Quit: If applicable, issue a formal notice to quit, clearly stating the deadline for vacating the property.
Escalate to Court Eviction if Necessary: If the tenant doesn’t comply, be prepared to file for an eviction hearing and present your case.

FAQs: How to Evict Someone Who Is Not on the Lease

Can You Evict Someone Without a Lease in My State?

Yes, you can evict someone without a lease, but the procedures vary by state. Generally, state law may consider you to have an oral agreement with the tenant even if there is no written lease. You would typically start by issuing a notice to vacate and, if necessary, proceed with filing for eviction. For state-specific procedures, consult a local real estate lawyer or paralegal.

Is Evicting a Tenant Without a Lease Expensive?

The cost of evicting a tenant without a lease can vary. It may involve expenses related to legal fees, property damage, and the time taken for the tenant to vacate. Sometimes, costs are similar to a standard turnover involving only cleanup and repairs. However, if the tenant resists, the legal process can become lengthy and costly. It’s often challenging to recover expenses from evicted tenants, so it’s best to prevent no-lease situations when possible.

How Much Time Does a Landlord Have to Give a Tenant to Move Out?

The notice period required for a tenant to vacate varies by local laws. Generally, tenants who have been in the property for less than one year need 30 days’ notice, while those who have been there for more than one year require 60 days. Shorter notice periods may apply if the tenant is in breach of lease terms, such as failing to pay rent. Always check local regulations for specific notice requirements.

What Do You Do When a Tenant Without a Lease Refuses to Leave?

If a tenant without a lease refuses to leave after receiving a notice to quit, you should file for an eviction hearing as soon as possible. Prompt action will help expedite the process and allow you to regain control of your property more quickly. Acting quickly is essential for a favorable and timely resolution.

Can Landlords Keep Personal Property Left Behind After an Eviction?

No, landlords cannot keep personal property left behind by an evicted tenant. The property must be stored for a specified period, and a list of the items must be provided to the former tenant so they can retrieve their belongings. The timeframe and storage fees vary by state, but you can generally recoup these costs. Following proper procedures is crucial to avoid legal complications.

How Do You Write an Eviction Notice Without a Lease?

Writing an eviction notice for a tenant without a lease is similar to that for a tenant with a lease. Include details of any verbal or unwritten agreements, the reason for eviction, and the deadline for vacating the property. Clearly explain the no-lease situation and why the tenant must leave.

Can You Be Evicted Without a Lease?

Yes, tenants can be evicted without a written lease. Even without a formal lease, tenants are still considered tenants and can be evicted similarly to those with month-to-month leases. The landlord must issue a notice to quit, provide a reasonable time for the tenant to vacate, and specify the reason for the eviction. If the tenant does not comply, the landlord can proceed with formal eviction procedures. Tenants have the right to contest the eviction in court if they believe it is unjust or discriminatory.