Can a Landlord Evict a Tenant Without a Written Lease?
The short answer is yes, but it’s more complicated when there is no written lease in place.
As with all evictions, landlords must provide proper notice to quit before they begin a formal eviction process. To be enforceable in a court of law, the notice must meet a variety of legal requirements depending on the state, the nature of the tenancy and actions taken by both parties.
To determine notice requirements, you’ll want to determine the type of tenancy you’re dealing with.
Can a Landlord Evict a Tenant Without a Written Lease?
Tenancy at Will
A tenant that has permission from a landlord to occupy a property without a formal lease is considered a “tenant-at-will.” Tenancy-at-will is governed by state law and may also be called a month-to-month lease.
Can a Landlord Evict a Tenant Without a Written Lease?
Holdover Tenancy
A tenant that originally entered the property under a written lease but has stayed after the lease expired is considered a holdover tenancy. A holdover tenancy can convert to a tenancy-at-will if the landlord accepts rent payments.
Once you’re clear about the nature of the tenancy, you’ll need to follow state law regarding how much time you must give the tenant, how you must serve the notice and several other critical considerations.
If you join LegalShield, you can download lawyer-drafted documents to begin the process. Then, after you fill out the templates, you can submit them to your provider lawyer for feedback. This way you’ll be sure the approach your taking is appropriate for your specific situation, that the documents follow the law that and that you’d be successful should the dispute end up in court.
How LegalShield Works
Finding solutions to your legal issues doesn’t have to be stressful, complicated or expensive.
LegalShield puts the power of legal representation within reach of any individual, family, or business. We work hard to make it easy, simple, and affordable to get the legal help you need, when you need it.
Krizia Verplancke of provider firm Davis, Miles, McGuire, Gardner has been serving LegalShield members since 2017.
Spencer Tadashi Schiefer of provider firm Davis, Miles, McGuire, Gardner has been serving LegalShield members since 2011.
Michael E. Medina Jr. of provider firm Davis, Miles, McGuire, Gardner has been serving LegalShield members since 1993.
How LegalShield Works
Finding solutions to your legal issues doesn’t have to be stressful, complicated or expensive.
LegalShield puts the power of legal representation within reach of any individual, family, or business. We work hard to make it easy, simple, and affordable to get the legal help you need, when you need it.
Krizia Verplancke of provider firm Davis, Miles, McGuire, Gardner has been serving LegalShield members since 2017.
Spencer Tadashi Schiefer of provider firm Davis, Miles, McGuire, Gardner has been serving LegalShield members since 2011.
Michael E. Medina Jr. of provider firm Davis, Miles, McGuire, Gardner has been serving LegalShield members since 1993.
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