How to Evict Without a Contract
Evicting a tenant who has violated their rental agreement can be a complicated and frustrating process. If you are considering evicting an unwanted tenant, be sure to know your legal rights and act responsibly and respectfully. You will be able to successfully remove the tenant and avoid potential legal backlash.
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Instructions
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Discuss the issue with your tenant and see if eviction can be avoided. Attempt to provide a payment plan for back rent, or suggest ways they can alter their behavior in order to be more responsible tenants. Eviction should be your last resort.
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If your property is being rented without a lease (month to month), eviction can often be as simple as providing adequate notice of a date to vacate. In this process, simply provide them with a dated letter stating reasons for eviction and the date they have to leave the property. Without a rental agreement, there is little recourse for a tenant. Each state has its own law for reasonable notice, usually around 30 days. Check the laws in your state.
Tenants who have signed a lease have more rights, and evictions must show adequate cause, a violation of the terms of the lease. Without cause, tenants can sue to remain in the home or---in extreme cases---may be able to seek damages.
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If the tenants still refuse to leave after being presented with written notice of eviction, consider enlisting the assistance of a sheriff or other law enforcement. Tenants who have been uncooperative with a landlord may be more cooperative with a police officer. Police have the option to use force, action that can't be used by a civilian landlord.
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If property is left inside the home after eviction, consult with your attorney on your legal rights. In most states, any property left after vacation of a rental becomes the legal property of the landlord. If you are legally responsible to return property, do so without question. Attempting to recoup losses through unlawful confiscation of property can put you in legal jeopardy.
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Some causes for eviction, such as drugs or criminal behavior, may make any notice requirement irrelevant. Contact an attorney to clarify your legal rights.
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Tips & Warnings
If the tenant's failure to pay rent is the reason for eviction, attempt to recoup some of your losses by trying to make an arrangement for payment with the tenant. Getting some of the back rent is often a more profitable alternative to eviction.
