Eviction, in common sense, we assume is the landlord’s ability to recover the possession of their property from a tenant. It is usually done when the tenant does not want to leave the property, even after various warnings provided by the landlord. In this article, we will be discussing eviction without a lease and ways to write an eviction letter without a lease. 

What Is An Eviction?

Eviction, in simple words, is the process of removing a tenant from a property who has not left despite prior warnings from the landlord. It is a difficult and expensive process for everyone involved.  

There are six different types of laws that affect the process of eviction. 

They are:

• State Law, 
• Local Law, 
• Leases, 
• Federal Law, 
• Common Law, and 
• court rulings. 

Leases can specify various ways and timings for eviction notices. Certain conditions and clauses in leases may have the power to take precedence over the Common Law, but conflicts with official regulations may be possible.  

Reasons For Eviction

Landlords can have three basic reasons to evict a tenant. These reasons for eviction may include: 

1. Non-payment of rent: This is the first and most common reason for eviction. If a tenant has not been paying their rent for a while, the landlord does have the right to evict them. 

2. Violation of agreements in the lease: If a tenant breaks the terms and agreements signed in the lease, the landlord does hold the right to evict them on these grounds.  

3. Expiration of the lease: Landlords can evict their tenants when their lease expires. They are not bound by law to renew the lease. While the renewal of a lease can’t be denied on unfair grounds, as mentioned in the statuary regulations.  

Scenarios

Here are some examples illustrating unfair scenarios for eviction: 

1. Pets: The landlords do hold the right to evict their tenants if they keep dogs or cats in a property with a “no pets” policy. However, the landlord cannot evict a tenant if an animal, such as a cat, enters the property on their own. This implies that the tenant has no intention of owning the cat and, thus, has not violated the terms stated in their lease.  

2. Renewal of Lease: Landlords reserve the right to decline the renewal of a lease due to personal differences. But they cannot refuse the renewal of a tenant’s lease on grounds of a tenant’s sex, sexual orientation, race, or personal beliefs. Such discrimination is prohibited by the law.

Reasons For Eviction By Landlords

Landlords have the legal right to evict their tenants relating to three basic reasons. The reasons behind the eviction of a tenant are as follows: 

• The first and the most common reason behind the landlord evicting their tenant is their inability to pay rent. This means if you have not been paying your rent to the landlord for a long period of time, then the landlord has the right to evict you. 
• The second reason that can lead to the landlord evicting you from their property is a violation of the lease agreements that were signed by the tenant before living on the property. 
• The final reason that allows landlords to evict their tenants is when the lease agreement has expired. Landlords have no duty to renew the lease of their tenants. But, landlords can refuse to renew the lease for their tenants due to unfair reasons, as stated by the statutory regulations. 

Examples Of Eviction

A landlord can even evict a tenant if they have kept a pet when the tenancy rules strictly say “no pets allowed”. However, this only means that eviction in only possible in cases of violation of the lease agreement. On the other hand, a landlord cannot evict a tenant if a cat has entered the property on their will. This means the tenant had no intention to own a cat and has not violated the lease agreement.

On the other hand, the landlord also has the right to refuse to renew the lease for their tenant if they do not like that individual. But the landlord does not have the right to refuse to renew the lease on the basis of the tenant’s sex, sexual orientation, race, or personal beliefs. 

What Is An Eviction Notice?

Landlords are required to provide tenants with “notice to quit” before evicting them from the property. The minimum requirement of this eviction notice is for the purpose of stating the reason why the landlord wants to remove the tenant from their property. 

On the other hand, an eviction notice or notice to quit can also state the activities the tenant can follow to avoid the occurrence of eviction by their landlord. The exact timing and form of the notice tend to depend on the jurisdiction. 

For instance, some jurisdictions tend to allow landlords to deliver the eviction notice by posting it on the tenant’s door, but some jurisdiction does not. On the other, in most states, if the tenant is being evicted for the purpose of not paying their rent, then payment of rent can restrict the eviction process. 

How To Write An Eviction Notice Without A Lease?

As a landlord, you might have to purchase a property that has already been rented by a tenant who has no lease agreement with you. This occurs when you are taking control over an occupied property. 

Ideally, while purchasing such an already-occupied property, you will notice that you are already provided with the pre-existent lease agreement. It is advised that before you purchase such a property, you should negotiate with the document. 

On the other hand, you can also end up buying a property having tenants with no lease agreements. In order to remove such tenants from the property, you can provide them with an eviction notice. This process will be lengthier compared to normal eviction as the tenant did not have any previous agreement with the previous owner. 

The process that will allow the recovery of the property is by issuing an eviction with a lease notice. The process of writing this notice is as follows:

1. Provide the tenant with a notice to quit with a proper waiting period. 
2. If the tenant does not want to move, then you will be required to file a lawsuit against them in court. 
3. You will be required to prepare documents stating that you had no intention of purchasing the property with the inclusion of tenants. 
4. You will also be required to state why it is necessary for the tenant to leave before the expiry of the original contract. 
5. If the court sides with your opinion, then make sure you acquire documents from the authority for the purpose of evicting without a lease. 
6. Do not ever try to remove a tenant by yourself; always acquire assistance from a landlord tenant lawyer to conduct the eviction process. 

Final Thoughts

Eviction is a legal process through which a landlord is observed to recover his or her property from the tenant. This is usually done when the tenant has been provided with the notice to quit, and still, they have not left the property. 

Eviction can occur due to the violation of the lease agreement, inability to pay rent and expiry of a lease agreement. On the other hand, landlords can also evict a tenant without a lease when they have no contract with the previous landlord. 

It is advised that you consult and take guidance from a good and experienced landlord tenant lawyer before the removal of a tenant based on eviction without a lease.

Read More:

• Real Estate Attorney vs Real Estate Agent
• What Is Civil Law And Why It Is Essential?
• Everything You Need To Know Before Hiring One