Can a landlord kick you out without a lease? If “kicking out” means the landlord has turned up or called and told you to get out (by the end of the week, for example), then no, they can’t just kick you out like that.
On the other hand, if your landlord is “kicking you out” by giving you a written notice to vacate, then yes, your landlord can “kick you out” and is following the correct legal process. You should comply with the notice and move out.
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To legally remove a tenant:
- The landlord must issue a written notice to vacate
- If the tenant doesn’t leave, the landlord must get an eviction order from the court
Your landlord cannot physically remove you or your belongings without a court order.
Can A Landlord Kick You Out Without A Lease in 2024?
To remove tenants, even tenants without a formal lease, landlords have to follow a specific process.
That process starts with giving the tenant a written notice to vacate that complies with local laws.
If the tenant doesn’t move out by the date on the notice, the landlord can file an eviction lawsuit.
While tenants can contest the eviction at their court hearing, the court will usually grant the eviction in cases where the tenant is clearly at fault (nonpayment of rent, property damage, end of a periodic tenancy, unauthorized roommates, etc.)
A court-ordered eviction makes finding a new place to rent much harder. Forcing a landlord to get a court order will buy you a little extra time, but the benefit of staying put for those extra weeks won’t outweigh the long-term consequences of having an eviction on your record.
Read Also: How to get a House with an Eviction on Your Record
Ending A “No Lease” Tenancy
Any oral or verbal agreement to rent or occupy a residence makes you a tenant, and tenants have rights.
Additionally, not having a formal written lease doesn’t necessarily mean you don’t have a lease and the extra protections one brings.
Periodic Tenancy
If you agreed to a week-to-week, month-to-month, or other periodic rental period, you’re an “at-will tenant” or a “periodic tenant”. Landlords don’t need a reason to end a periodic tenancy.
Your landlord must give you a written notice informing you that your tenancy is terminated and you need to move out by a certain date.
The length of the notice period depends on the law in your state. For at-will or periodic tenants, the notice period is usually equal to the rental period; 7 days for a week-to-week tenant, or 30 days for a month-to-month tenant.
Fixed Tenancy
An oral or written agreement with fixed start and end dates is a fixed-term lease.
Landlords can’t usually terminate a fixed-term lease without cause. Valid causes included lease violations like non-payment of rent, property damage, illegal activity, and behavior that disturbs other residents.
Your local law will specify the notice period your landlord needs to provide, but a 30-day notice to vacate is fairly typical. Different notice periods may apply depending on the type of lease violation.
It can be difficult to prove you’ve got an oral lease agreement, but courts will consider evidence of payments made, emails or text messages from the landlord, and witnesses who can attest to the agreement being made.
Holdover Tenancy
A tenant who lives at a property after their lease ends is classed as a holdover tenant (unless the lease is converted to a periodic tenancy).
Even though a holdover tenant doesn’t have a current lease, landlords may continue to accept rent after the original lease agreement ends.
If you’re a holdover tenant, your landlord doesn’t need a reason to ask you to move out, but they should give you a written notice to vacate which complies with local laws.
Holdover tenants who aren’t paying rent are classed as illegal holdover tenants. While landlords must provide a written notice to vacate, local laws may allow the landlord to file an eviction lawsuit immediately after issuing the notice.
What Landlords Cannot Do To Evict A Tenant
No matter the type of tenancy, your landlord cannot forcibly remove you or your belongings without a court order. When an eviction order is enforced, the landlord will be accompanied by officers from the sheriff’s department.
Landlords cannot:
- Change the locks or remove the doors from the dwelling
- Shut off utilities
- Use threats or intimidation
How To Kick Someone Out Of Your House
If you’re wondering how to get someone out of your house, whether they’re a roommate (not on the lease), a guest who outstayed their welcome, a family member, or a squatter, you’ll usually need to issue a notice to vacate as a first step.
Evicting A Roommate
A roommate contributing to the rent or bills who isn’t on your lease may have acquired tenant rights. If so, your landlord will need to ask them to leave. This could be a problem if you allowed them to move in without your landlord’s knowledge.
If the roommate doesn’t move out after receiving a notice to vacate from the landlord, the landlord will need to pursue an eviction through the court.
Evicting A Guest/Family Member
Before kicking someone out of your house who is not on the lease, you’ll need to go through your landlord. As an occupier of the residence, they have certain rights and cannot be forcibly removed without a court order.
The landlord must issue a notice to vacate and file for eviction if they don’t comply.
Evicting Squatters
If a squatter is illegally occupying your property, calling the local police is your first step. The police may be able to use trespass laws to remove the occupants. Otherwise, you’ll have to issue a notice to vacate the property and file an eviction lawsuit.
No matter the circumstances that led to the unwanted guest/occupier in your home, you might consider paying the person to leave. This can result in a quicker, less stressful resolution to the problem, and may cost less money than going to court.
See Also: Move Out Friendly 30 Day Notice To Landlord
Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.