As a landlord, it can be a headache to deal with tenants who refuse to leave your property. The situation can become even more complicated if there is no tenancy agreement in place. However, there are legal steps that you can take to remove a tenant without a written lease.
1. Establish the tenant’s status
Before you can begin the eviction process, you must first determine whether the tenant is a tenant-at-will or a squatter. A tenant-at-will is someone who has no written lease, but has the permission of the landlord to stay on the property. A squatter, on the other hand, is someone who has no legal right to be on the property.
2. Serve a notice to vacate
Once you have established the tenant’s status, the next step is to serve a notice to vacate. This can be done verbally or in writing. The notice should include the date by which the tenant must vacate the property. In most cases, the notice period is 30 days, but this can vary depending on the state or jurisdiction.
3. File for eviction
If the tenant fails to vacate the property by the stated date, the next step is to file for eviction in court. You will need to provide evidence to prove that the tenant was served with a notice to vacate and that they failed to comply with the notice. Once the court approves the eviction, you can obtain a writ of possession to legally remove the tenant from the property.
4. Seek legal assistance
The eviction process can be complicated, even with a tenancy agreement in place. Without a written lease, the situation can become even more complex. As such, it is recommended that you seek legal assistance from an experienced attorney to ensure that you are following the correct procedures and to protect yourself against any legal claims that the tenant may make.
In conclusion, removing a tenant without a tenancy agreement can be a difficult process. However, by following the legal steps outlined above, you can ensure that you are protecting your rights as a landlord and avoiding any legal liabilities. Remember to always seek legal advice when dealing with tenant eviction to ensure that you are following the correct procedures.