Landlord Tenant Damages Without Lease
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FAQ
The proper way to remove an individual with no lease is an eviction. Even if someone has been in a property less than a week the only way to properly remove someone who claims to be a resident is through an eviction. This is done just as a landlord would evict an individual who has a lease.
Each state has its own laws regarding how long a landlord has to send you a bill after you vacate the property. In California, for example, a landlord has 21 days from the date you moved out. In Ohio and a number of other states, the deadline is 30 days. In Arkansas, the deadline is 60 days.
What's the best way to recover the money I've spent? Since the tenants have already moved out, as of September 1, 2021, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant moved out of the rental unit.
In the absence of a lease or rental contract, California law treats someone renting as a periodic tenant. That means that the tenant pays rent at the beginning of a month for the right to occupy the premises for that month. If the landlord wishes the tenant to move out, she must give the tenant appropriate notice.
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.
