Can You Legally Evict Someone Not on the Lease?

Use these links to jump to different sections:

• Eviction Procedures Will Depend on the Type of Tenancy and Lease Agreement
• Types of Lease Agreements
• When There’s No Lease: Special Considerations and Complications in the Eviction Process
• Legal Grounds and Procedures for Eviction
• Find Experienced Legal Help

Managing a rental property isn’t always predictable. In some cases, landlords may need to terminate a lease before it expires. Knowing when a landlord can legally terminate a lease early helps landlords navigate complex situations confidently and responsibly. While most leases are intended to last a specific term, issues such as illegal activity, serious property damage, or non-payment of rent may justify early termination.

In cases where there is no lease agreement, landlords can still evict a tenant if they have reason to do so but may have to take additional steps. While these laws vary by state, understanding the basics can prevent misunderstandings and protect your rights.

Eviction Procedures Will Depend on the Type of Tenancy and Lease Agreement

How a landlord evicts a tenant will depend on the type of tenancy and the lease agreement they have in place. There are three common types of tenancies: Month-to-month tenancy, tenant-at-will, and subtenancy.

A month-to-month lease is a short-term rental agreement that renews each month. The renewal is automatic until one of the parties decides to terminate the agreement. With this type of tenancy, the eviction notice is shorter because the lease term is so short. Each state has its own notice requirement, which typically ranges between 10 and 30 days. For example, California landlords must give a 30-day notice, while Florida landlords are required to give a 15-day notice.

During a tenancy at will, either party can terminate the lease at any time without a formal notice. Most states require reasonable notice but do not list a specific time frame. Landlords can also terminate the lease without having just cause. There are some exceptions to this. Massachusetts and New York require a 30-day notice for at-will tenants.

In a subtenancy, the tenant leases the rental unit to another tenant. Landlords may have specific subtenant rights; primary tenants may need landlord approval before subletting. In most cases, the tenant must gain permission from the landlord to sublet the rental space. The landlord owes a duty to the first tenant, as this is with whom they have a legally enforceable agreement.

Types of Lease Agreements

The type of rental agreement in place will also impact the landlord’s process when evicting a tenant. Recognizing the different types of tenancies is crucial for determining the appropriate eviction procedures and notice requirements. Some tenants may have additional rights depending on their tenancy type, influencing a landlord’s steps to initiate an eviction. Different laws can apply, requiring the landlord to meet different standards. Proper documentation (written leases or agreements) can simplify the eviction process and provide necessary legal protection in disputes.

1. Written Lease

If there is a written lease, a formal and legally binding document is in place. The rental agreement terms can outline the process the landlord must follow when evicting a tenant. Because these written documents can provide the most clarity, many states have laws requiring a written lease. Texas requires landlords and tenants to sign a written agreement if the lease is longer than a year.

2. Informal Verbal Agreement

While it isn’t advisable, a landlord and tenant may have an informal verbal agreement. Depending on the state and leasing situation, this agreement may or may not be enforceable. Enforcing an oral lease agreement can be difficult because there is a lack of documentation. It becomes one party’s word against the other. 

3. No Formal Agreement

There is a less common third situation where there is no formal agreement. The tenant may occupy a property without any lease agreement with the landlord. An example of this would be a friend or family member staying on the property owner’s land. They typically start out as guests but stay longer, turning into tenants.

When There’s No Lease: Special Considerations and Complications in the Eviction Process

Some situations require a landlord to take extra steps or follow a different eviction procedure.

Squatters

For example, a property owner may discover a squatter living on their property. A squatter is an individual or multiple individuals trespassing on the property without any legal claim, authority, or permission. The landlord didn’t provide prior consent for them to live on the property. In many states, squatters can gain legal tenant rights through adverse possession after living on the property for a specific amount of time. However, the law is actively changing on this subject matter. If a property owner discovers squatters occupying their property, they should seek legal advice from a real estate attorney. That way, they have the correct and most up-to-date information on legally evicting these unauthorized occupants.

Unapproved Subtenants

Another common situation is where a landlord discovers unapproved subtenants. A subtenant is someone who rents a property or a portion of it from an original tenant without the landlord’s approval. Unapproved subtenants typically do not have legal rights under the original lease agreement, making eviction more straightforward for the landlord.

In some cases, individuals who have been living in a property for a certain period may gain tenant-like rights, even if they are not renters on the lease. Occupants may be considered tenants if they have established a rental arrangement (such as payment of rent) or have been living in the unit for an extended time. Each state has case law that defines when a guest or occupant becomes a tenant. Factors like length of stay, residency actions taken, and financial contributions made are considered.

Legal Grounds and Procedures for Eviction

Typically, a landlord must have a legal reason to evict their tenant. These reasons include nonpayment of rent, rental property damage, lease term violation, illegal activity, or public nuisance. Failure to pay rent must be after the lease-defined due date. Typically, the landlord must give the tenant written notice of the nonpayment, allowing the tenant to make payment. For a landlord to evict because of property damage, the damage must be significant and go beyond normal wear and tear.

Steps in the Eviction Process

Once a landlord decides to initiate an eviction lawsuit, they need to follow the lease terms and local state laws. An important preliminary step is to consult a real estate attorney who works in landlord-tenant law. That way, the landlord gets up-to-date and accurate legal advice. A landlord doesn’t want to expose themselves to potential liability or lawsuits by taking the wrong action.

John Cowherd, a real estate attorney in Virginia who represents property owners in disputes with community associations and neighbors, discusses the importance of speaking with a lawyer before taking any steps in your real estate legal matter. While you may have a clear goal of evicting someone who is not on the lease, the legal nuances can be more complicated. “It’s not unusual for the client to have an idea as to what their goal is, what they want, what they need. But they may not entirely understand the kind of legal nuances or context of their case.”

Send Proper Notice

The first step in evicting a tenant is to send proper notice. The notice should be written and sent with the proper notice period and include the legal reason for eviction. Depending on state laws, notices may be served in person, posted on the property, or sent via certified mail. Local laws will outline which delivery method is proper for the property’s jurisdiction.

File an Eviction Lawsuit

If the tenant does not vacate after receiving notice, the landlord’s next step is to file a lawsuit to open an eviction case. Landlords should prepare the necessary documentation, including the rental agreement, notice served, and any evidence of lease violations. There may also be a filing fee that must be paid. The tenant will be put on notice of the lawsuit, beginning the court case.

Eviction Hearing

A court hearing date will be set where the parties can argue their case before a judge. If one party does not appear, the other party may request a default judgment in their favor. The judge will issue a court order, which is a ruling in favor of one party. If the court rules in favor of the landlord, a judgment will be issued, which may include a court order for the tenant to vacate. If the tenant still does not vacate, the landlord can request a writ of possession, allowing law enforcement to carry out the eviction.

Prohibition of Self-Help Measures

Landlords must follow proper legal procedures when evicting a tenant. They are prohibited from using self-help measures to evict tenants, such as changing locks, removing tenant belongings, or shutting off utilities. Engaging in self-help eviction methods can lead to legal action against the landlord, including wrongful eviction claims and potential fines.

Potential Legal Consequences for Improper Eviction

Landlords that attempt to wrongfully evict their tenants may face lawsuits from their tenants. They could be required to pay damages to the evicted tenant, including moving costs, lost wages, or other expenses incurred due to the unlawful eviction. In some cases, landlords who engage in illegal self-help eviction tactics (such as changing locks or removing tenant personal property) may face criminal charges.

Find Experienced Legal Help

A landlord’s right to terminate a lease early comes with important legal responsibilities and protections. Knowing when and how to terminate a lease early helps landlords maintain control over their property while respecting tenant rights. Legal requirements for termination vary, and handling it the right way is essential to avoid complications. Staying informed on your state’s specific requirements helps ensure that any lease termination is handled legally and fairly. Because every situation is unique, consulting a lawyer is the best way to protect your rights and avoid costly mistakes.

“People are very passionate about their relationships with their neighbors and with their community association boards and managers,” says Cowherd. “Because this is, in many ways, an aspect of themselves—they live in these communities. Their membership, physical existence, and relationship with the people are a very important part of who they are and what they do.”

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