How to Lawfully Evict a Tenant Without a Lease

A Step-by-Step Guide for Landlords Without a Lease

Evicting a tenant is never easy—especially when there’s no written lease in place. Whether you’re dealing with a former friend, a family member who’s overstayed their welcome, or an inherited tenant, learning how to evict someone from your house requires a clear understanding of local laws, notice periods, and the proper legal process.

Let’s walk through how to handle these difficult situations lawfully, ethically, and effectively—especially when there’s no formal rental agreement involved.

Understanding the Type of Tenancy

Before filing anything in court, it’s essential to identify what kind of tenant you’re dealing with:

  • At-will tenants: Individuals living on your property without a lease but with your permission
  • Squatters: People living on your property without permission or who refuse to leave after a lease has expired
  • Inherited tenants: Occupants you’ve acquired along with the property during a sale or inheritance

Even without a written lease, these occupants often still have legal protections. Learning how to evict a tenant without violating tenant rights is critical.

Step 1: Serve a Legally Compliant Notice to Quit

The first legal step in any eviction is serving a notice to quit or notice to vacate. This is a formal written document notifying the tenant they must leave the property within a certain time period.

  • For month-to-month or at-will tenancies, most states require 30 days’ notice, although some require 60 days or more
  • If the tenant is not paying rent or has damaged the property, you may be able to issue a 7- or 14-day notice, depending on your local laws

Always send notices via certified mail or hand-deliver them with proof of receipt. Courts require evidence that your tenant received the notice.

Step 2: File an Eviction Lawsuit (Unlawful Detainer)

If the notice period passes and the person hasn’t left, your next step is to file an unlawful detainer action in court. You’ll need:

  • A copy of the notice to quit
  • Proof of delivery
  • A written statement explaining the reason for the eviction
  • Documentation of rent owed or other lease violations (if applicable)

This step initiates the formal eviction process. A hearing will be scheduled, where both sides present their case.

Step 3: Attend the Eviction Hearing

At your hearing, bring all evidence with you:

  • Communication records
  • Payment history
  • Photographs of any property damage
  • Written agreements (even informal ones)

If the judge rules in your favor, they’ll issue a writ of possession, authorizing local law enforcement to remove the tenant.

Do not attempt to evict someone by changing locks or moving their belongings yourself. These “self-help” evictions are illegal in nearly all states.

Step 4: Law Enforcement Carries Out the Eviction

Once you receive the writ of possession, deliver it to the local sheriff or constable. They will schedule a time to escort the tenant from the property and return possession to you.

There may be a brief waiting period before this can be enforced—check with your local jurisdiction.

Alternative Option: Cash for Keys

Some landlords choose to avoid legal proceedings by offering a cash-for-keys arrangement. In this option, you pay the tenant a lump sum in exchange for voluntarily vacating the property.

While not always ideal, it can be faster and less costly than a court battle.

How to Evict an Inherited Tenant

If you purchase or inherit a property with a current occupant, they may not have a lease with you, but they could still have legal standing from the previous owner. To evict an inherited tenant:

  1. Serve a proper notice to quit
  2. Wait the required time frame (typically 30–60 days)
  3. File an unlawful detainer action if they refuse to leave
  4. Show the court your intent was not to continue the tenancy

A judge will review your case and issue a ruling. If approved, law enforcement will assist in removing the tenant.

How to Evict a Tenant Without a Lease Agreement

When you allow someone to stay on your property without a lease, this is typically referred to as a tenancy at will. These tenants often stay month-to-month, and eviction is legally possible with proper notice.

How to evict a tenant in this situation:

  • Serve a 30-day notice to quit (or longer, depending on state laws)
  • If they fail to leave, file a formal eviction in court
  • Attend the hearing with documented evidence
  • Let the court and law enforcement handle the physical removal

You are not required to provide a reason for ending an at-will tenancy—but you still must follow your state’s notice and court process.

Writing an Eviction Notice Without a Lease

Here’s what to include in a valid eviction notice:

  • Your name and address
  • The tenant’s full name and address
  • The property address
  • The reason for the eviction (optional for at-will tenants)
  • The date they must vacate by
  • A warning about legal action if they don’t comply
  • Your signature and the date

Always consult your local laws or an attorney to ensure the wording is compliant.

What Is a Notice to Quit?

A notice to quit is the foundation of any eviction process. It’s a legal document that gives your tenant formal notice that their time in the property is coming to an end.

Different states require different formats and time frames, so always confirm local laws before proceeding.

Tenants Still Have Rights (Even Without a Lease)

Even if there’s no signed contract, your tenant may be protected under:

  • State tenancy laws
  • Oral agreements
  • Fair housing laws

You cannot evict someone based on discrimination, retaliation, or in violation of tenant protections. That’s why following due process is so important.

Stay Legal and Document Everything

Understanding how to evict someone from your house—especially without a lease—means doing everything by the book. Always:

  • Keep detailed records
  • Follow your state’s required notice periods
  • File the appropriate legal paperwork
  • Let law enforcement handle physical removal

Trying to take matters into your own hands can result in serious consequences. If you’re ever unsure, consult a landlord-tenant attorney.

Want to Avoid This in the Future?

To prevent complications down the line:

  • Use a written lease for every tenant
  • Screen tenants thoroughly
  • Communicate clearly
  • Document everything

Whether you’re managing one rental or many, these steps help protect your rights and avoid disputes.

Need Help Screening Tenants?

At Tenant Screening Center, Inc., we offer comprehensive tenant screening services to help you choose the right renter from the start. Call us at 800-523-2381 or click here to view our services.


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