Can a Landlord Evict Without a Lease? State Laws Explained 2026

Can You Evict a Tenant Without a Written Lease?

Yes, you can evict a tenant without a written lease—but the process depends on how they came to occupy the property and your state's laws. This guide explains your rights and the proper procedures.

Types of Tenancies Without Written Leases

Month-to-Month Tenancy

Most common. Created when:

• Written lease expires and tenant stays
• Tenant pays monthly rent without a lease
• Oral agreement for monthly rent

Your rights: Can terminate with proper notice (usually 30 days)

Tenancy at Will

• No fixed term or rent schedule
• Can be terminated at any time with notice
• Common with family/friends arrangements

Tenancy at Sufferance (Holdover)

• Tenant remains after lease expires without permission
• Can proceed directly to eviction in most states
• May convert to month-to-month if you accept rent

State Notice Requirements for No-Lease Evictions

30-Day Notice States

Most states require 30 days:

• Texas, Florida, Illinois, Ohio, Pennsylvania
• Arizona, Georgia, Indiana, Michigan

Different Notice Periods

• 7 days: North Carolina (week-to-week)
• 15 days: Florida, Utah, Pennsylvania
• 20 days: Washington
• 28 days: Wisconsin
• 60 days: California (tenancy over 1 year)

The Eviction Process Without a Lease

Step 1: Serve Notice to Quit

• Provide proper notice period for your state
• State the reason (or no reason for month-to-month)
• Use proper service method

Step 2: Wait for Notice Period

• Do not accept rent during this time
• Accepting rent may create new tenancy

Step 3: File Eviction if Needed

• If tenant doesn't leave, file unlawful detainer
• Proceed through normal eviction process

Common Scenarios

Expired Lease, Tenant Won't Leave

• They're now month-to-month (usually)
• Give proper termination notice
• File eviction if they don't vacate

Family Member Staying Without Paying

• They may have tenant rights
• Must follow formal eviction process
• Consider "cash for keys" to avoid court

Roommate's Guest Won't Leave

• Guest may have acquired tenant rights
• Depends on length of stay and state law
• May need formal eviction

Bought Property with Existing Tenant

• Existing tenancies typically transfer
• Honor any lease terms
• Month-to-month can be terminated with notice

What You CANNOT Do

Even without a lease, you cannot:

• Change the locks without court order
• Remove tenant's belongings
• Shut off utilities
• Harass or threaten the tenant
• Remove doors or windows

These "self-help" evictions are illegal in all states and can result in lawsuits against you.

Proving Tenancy Without a Lease

In court, you may need to establish:

• Proof of property ownership
• Evidence of occupancy (photos, witnesses)
• Any rent payment history
• Communications with the occupant

Special Considerations

Section 8 Tenants

• Even without a lease, voucher requirements apply
• May need "good cause" to terminate
• Consult with housing authority

Protected Tenants

• Some cities have just-cause eviction requirements
• May apply regardless of lease status
• Check local ordinances

Related Resources

• 30-Day Notice Generator - Create your notice
• Eviction Notice Templates - All notice types
• How Long Does Eviction Take
• Late Fee Calculator - Calculate outstanding amounts