Agreement Allow Tenant Without Lease
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FAQ
If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.
In Maryland, a landlord can evict a tenant without a lease or with a lease that has ended (known as a holdover tenant or tenant at will). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
Yes. Even without a lease, you can evict a tenant. Because there is no lease or rental agreement, a landlord or property manager can evict a tenant for any reason. The only legal provision would be that a proper notice must be given to the tenant being evicted.
In Ohio, you may evict someone without a lease by providing week-to-week tenants with 7 days' written notice and month-to-month tenants with 30 days' written notice. You must then file an eviction action with the court and obtain a court order prior to evicting someone.
NOTE: Under Virginia law, if you do not have a lease, and you do not pay rent, you are considered a tenant at sufferance. This means you can be evicted for any reason at all, at any time, and no notice needs to be given to you.