A tenant without a rental agreement is called a "tenant at will." This type of tenant has few legal protections, and landlords can evict them if they follow the procedures established by the state.A landlord should meet with a lawyer if he or she has legal questions.
Step 1: You need to confirm that you don't have a lease.
Don't execute a written lease but forget about it.Tenants who have rental agreements are given more protection by most state laws.You should check your emails to see if you did not create a rental agreement through email.It doesn't need to be an extensive written lease to have an informal agreement.Make sure you don't make promises through email if you are worried that the tenant will object to the eviction.The tenant is still considered a "tenant at will" even if the tenant has an oral agreement.
Step 2: The state law should be read.
The steps you need to take to evict a tenant are spelled out in your state law.In Maine, a landlord must give a "notice to quit" in writing.The precise language that you must use when giving notice may be told to you by state law.If you want to evict someone in Maine because they have not paid their rent, you need to include the following language.If you pay all rental arrears, all rent due as of the date of payment and any filing fees and service of process fees actually paid by the landlord before the writ of possession issues is completed, then your tenancy will be reinstated.If you don't give enough notice or include required language, a tenant can successfully dispute an eviction.
Step 3: Meet a lawyer.
If you have legal questions about the eviction, you should talk to a lawyer.A lawyer can make sure that your notice complies with state law.He or she can file a petition for eviction on your behalf.If you want to find an attorney, you should contact your state bar association.Private groups of attorneys are called bar associations.Many of these groups run attorney referral programs or can point you to county bar associations that do.
Step 4: You should give enough notice.
Your state law will tell you how much time you have to give the tenant.You don't need a reason for eviction if you give a 30-day notice.You need to state a reason if you give a 7-day notice.The eviction can't happen before the last day for rent to be paid.You can't evict before the last day of March if you accept rent for the month.Depending on the state, the amount of time will be different.In Texas and Massachusetts, you only need to give three days' notice if the tenant hasn't paid rent by 14 days.
Step 5: In writing, give notice.
You should keep a copy of the Notice to Quit.You need to properly serve the notice.What are acceptable methods of service should be checked out by your state law.The notice to quit could become useless if you fail to serve it properly.You can personally serve notice on the tenant, leave the notice with their spouse mail it to them, or have a sheriff or constable personally deliver it.
Step 6: Don't remove the tenant.
If there is no rental agreement, you can't throw someone out of the apartment.You will have to get permission from the court.You will have to file an eviction lawsuit.The tenant shouldn't be locked out.If you want to force someone out, don't change the locks or turn off utilities.You could be fined if you do that.The date the tenant first moved in, the amount of rent, and the reason why you want to evict him or her are relevant evidence.You will need a copy of the notice to quit.
Step 7: You can file a petition with the court.
The tenant will be evicted if you complete a petition.You should fill out a form at the courthouse.The court clerk can give you the form.The filing fee will vary by court.Notices must be served on the tenant.You can get a summons from the clerk if you want a copy of the petition.The court clerk can give acceptable methods of service.Someone 18 or older can make service if they are not a party to the lawsuit.You can use a private process server to serve notice.If you hire someone to serve notice, you will probably have to pay a fee.A private process server can cost up to 75 dollars.It is usually comparable to a sheriff's fee.
Step 8: Attend a hearing.
You will need to attend a hearing if the tenant wants to fight the eviction.The landlord will go first.Explain to the judge the reason for the eviction.Ask the judge if he or she wants to see the Notice to Quit.Next, the tenant will leave.It's difficult for a tenant without a rental agreement to fight an eviction.The tenant could argue that you are motivated by discrimination or retaliation.The tenant needs to provide evidence that you discriminated on the basis of a protected characteristic.A bald accusation isn't enough.If you are accused of discrimination, you can point out that you allowed the tenant to rent from you in the first place.You wouldn't rent to them if you had a problem with their age, religion, race, or anything else.
Step 9: The order should be taken to the sheriff.
You should take the judge's order if you win at the hearing.The sheriff will tell the tenant when law enforcement will show up to evict them.After receiving the judge's order, you can't evict the tenant yourself.You should let law enforcement handle it.
Step 10: The locks should be changed.
If the tenant had a copy of the key, you should change the locks.Wait until the tenant is evicted before changing the locks.
Step 11: Make sure to check for damage.
If the tenant damaged the apartment, you can bring a suit to recover the damages.Take pictures of any damage to the apartment.If the tenant causes more serious damage like a hole in the wall, then you should document it.To cover the damage, you need to apply the tenant's security deposit.You can recover money that isn't covered by the security deposit.If the tenant has money in the bank, you should consider suing.It may not be worth the time to pursue a lawsuit if you evicted the tenant because he or she couldn't pay rent.You can find information on how to file a small claims case.