How to Evict a Tenant Without a Lease
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- เผยแพร่เมื่อ 2 ส.ค. 2024
- Hi, welcome to another tips for landlords and property managers video brought to you by Fast Evict.com Law Group. On today’s episode, we’re going to cover how to evict a tenant without a written, signed lease. Please remember, the contents of this video shouldn’t be considered legal advice. Please contact us if you have any questions.
How do you get in a no lease situation?
First, we’ll go over a few examples on how you could get in this situation in the first place. This way, you could watch out for warning signs and try to avoid it altogether.
Verbal Lease
The most common way landlords find themselves in this situation is when they rent out a spare bedroom, apartment or house to a friend or family member without ever signing a formal rental agreement. You very much still have an agreement between you and your tenant which is typically referred to as an oral or verbal agreement.
Subletting
Subletting can lead you to have this type of situation. This happens when the tenant you originally rented to passes off the rental to someone else and this new person is not listed on either the existing lease or a new one.
Inheriting tenants
This occurs when you purchase rental property with tenants already in it and these tenants either don’t have a lease or the previous owner doesn’t provide the leases to you.
Can you evict a tenant without a lease in California?
The short answer is yes, of course you can. In fact, a tenancy without a written, signed lease is very much like having a signed lease since the California State Civil Code mentions that these tenancies default to a month-to-month like contract among other things.
How to evict a tenant without a lease
The first thing you should consider is not doing anything illegal during the eviction process. This will only either delay the eviction or get you in trouble. Some things you should avoid are:
Changing the locks and locking out your tenant
Shutting off utilities to the rental property
Harassing or threatening your tenant
Make illegal rent increases or apply other types of fees
You shouldn’t retaliate vs your tenant
What are legal reasons you can evict your tenant without a lease?
You can start a legal eviction for the following reasons:
Any violation of the month-to-month contract established in California Civil Code.
Use of illegal drugs or illegal activity on the rental property
Tenant causing property damage
Tenant fails to pay rent
Unauthorized pets or guests
The landlord is removing the property off the rental market
The landlord or a family member is moving into the property
The first step in evicting a tenant without a lease is to serve your tenant a notice. This could be a 3 or 15 day notice to pay or quit or a 30 or 60 days notice to vacate. It’s important to use the correct notice otherwise your case could be drastically delayed.
Once the notice has been served to your tenant and the days allowed to vacate the premises and the tenant has failed to comply, step 2 is filing an unlawful detainer in court.
The rest of the procedure can vary, just as in eviction cases with a written lease and depend heavily on delay tactics implemented by the tenant and their council.
Have you been in a situation where you had to evict a tenant without a lease? How did it go? Let us know in the comments. Please like, share and subscribe to our channel if you have found this video useful. Thanks for watching, we’ll see you on the next one!
Very sad that tenants can do whatever they want.. this is the beginning of a collapsing economy
Currently dealing with a unruly neighbor who constantly makes threats and stands outside my door trying to start fights and call me all type of racial slurs to spark a reaction. The Landlord tried to serve him his eviction notice but instead of taking the notice like an adult he decided to slam the door on the landlords hand and threaten an elderly woman. This truly has been the longest process dealing with this. Especially when the dude seems to want to hyper focus on me as if I’m the landlord and the reason he didn’t bother putting his name on the lease.
Hi, thank you for making this video. My question is, what do I put on the holdover petition section 6. I need the apartment beck for family. Im in NYC. Thank you.
3 plex in Los Angeles... selling but need to evict a tenant to allow the new owner to moving in as a owner occupied home and loan need help
I have a friend going through that her pops died and there was no lease agreement made and now they will not go they pay 700 for a 4 bedroom. In losangeles ca. It was only 2 people living there at that time now is 10 people there now and court say they have to relocation hole family that about 3000.00with all the pepole he say live there and that not happen he also made a police report on the family saying he fell in danger and there no way to get him out ....can anyone tell me what to do as legal help
In Ontario Canada
Landlord is not allowed to ask for a damaged and cleaning and building pets deposit
Landlord is not allowed to ask for more the first and last month and maybe a key deposit that is the amount it cost the landlord for the key for rental
Landlord can’t not evict a tenant for having a pet or having someone moving with the tenant after tenant move in
Plus landlord cant charge more rent if someone move in after the tenant move in even if utilities are included in the rent
Plus a tenant does not need landlord permission to get roommate or someone living with them or have got a pets after moving in
Only way a landlord is able to a evict a tenant
Is landlord and tenant board grant that eviction after the hearing that that 2-18 month for landlord to get
Plus it take 30 days after hearing for landlord to know if the eviction was granted
Tenant has 3 week to move out if it is and if tenant is not move out by day set then landlord the next day is able to make a appointment with sheriff to evict that tenant and that take between 2-4 weeks to get that sheriff date to come eviction
And someone live in that rental property before 15 of November 2018 landlord is only allowed to raise rent a certain percentage that the Ontario government allowed after the one year lease is over
Plus cop won’t get involved to remove a tenant since they know they can’t since only the sheriff is allowed to remove a tenant permanently from the property and the sheriff will only remove that tenant if have eviction order in hand from landlord and tenant board
Plus a tenant is allowed to bring landlord to landlord and tenant board
If landlord is not doing his duty to keep up with the maintenance of the rental property
If landlord got a eviction order to evict a tenant for personal use and landlord put the house on the marker or rent it
Since landlord won’t be granted a evict by landlord and tenant board if landlord want to evict a tenant because the landlord want sell home without tenant
Since landlord and tenant board won’t evict a tenant just because a tenant want more money after lease is over and new buyers want to keep the rental property has a rental property
Since in Ontario the new buyers must keep the tenant at the same price has he was paying before new buyers brought if the new buyers has no plan to move in
Plus only way a landlord could be grand a tenant eviction for personal use
Is he or his parent or parent in law or they kids or step kids plan to live in that rental property for a year
And if it rent before the year Is up and tenant found out landlord could get in shit with landlord and tenant board by getting fined 50 thousand and repay between 6-12 month of back rent to the tenant that was force to move out for no reason since landlord and new buyers did not living there has was told on the eviction order
Plus a tenant is able to bring landlord to landlord and tenant board if they find landlord is not doing anything to resolve issue with a tenant that making this tenant not able to enjoy they life of living at the rental property
Plus landlord is responsible for cutting the grass and snow removal
How long have you been a landlord for?
@@JuJu916JuJu I not s landlord
In California tenants have more power than landlords.
Sure do. Most states. As long as tenants finally become more prudent,and some don't even realize if you're losing at small claims, landlord tenancy court, just appeal, you're going to get an extra 1 to few months."
Same In North Carolina sadly
In Canada you not able to evict a tenant even if not on a lease if not a landlord and tenant board eviction order and that take 2-18 month to get a hearing to be able to try a evict a tenant
Can you termination a month to month with a 7 day notice
I would like to know the answer also
@@willywonka077 I did some research for Florida answer is no 15 day notice
A simple letter given to the tenant that they have to leave in 60 or 90 days is enough.?.. is that considered an eviction?... Or it has to be a court order. ?
What the fuck, are you crazy that's basically a pass for him to stay there for free, the 3 day pay or quit is the way to go.
@@readynow12345 that's 33 days because writ or quit is a grace period to resolve payment.after three days then you start the 30 day normal eviction notice after that the courts send police to give you 24 hours to vacate .then after all that the cops drag you off for trespassing
@@billiemeeks210 I'm in Georgia dude thank god, as a matter of fact I go to court tomorrow after I served him with the 3 day pay or quit I filed the eviction I got a court date in less than 3 weeks, I want no mediation no rent money I just want him the fuck out.
@@billiemeeks210 Georgia doesn't have that 30 days lol..
@@readynow12345 Hi, what happened with your situation? Did you get him out? I am about to go through a similar situation
Florida law? Evicting a "friend" in a month to month lease. He is a manipulative bully
Hi Deirdre, I live in Florida and am in the same situation. Did you get it worked out? Did you evict? How did it go? Thanks