Can You Be Evicted If You Never Signed a Lease?

Renting without a lease document can be a risky endeavor. Tenants renting without a formal written contract between them and the landlord may only be given short notice of an impending eviction or change in rental status. Such notices may not provide them with enough time to find new housing.

What is a Lease?

• A lease is a written agreement between a renter of property and the owner of the property. The document details the renter's responsibilities such as payment of rent and maintaining the condition of the property, along with the property owner's responsibilities such as repairs and maintenance. A lease is usually created for a specific period of time after which parties are free to draw up a new lease document or go separate ways.

Is a Lease Document Necessary to Rent Property?

• The short answer is, no. A lease is a formal contract. It helps remove any gray area should a problem arise with paying the rent or should the landlord fail to make repairs to the property. The document can be shown in court as evidence that either party did not live up to agreed-upon expectations. That being said, a lease is not specifically required to rent property. If a tenant rents without a lease, his term of occupancy is considered month-to-month, according to Rent Law's website.

Can I Be Evicted Without a Lease?

• Without a lease document, eviction for a landlord is relatively easy. In most states, all a landlord has to do is give you written notice 30 to 45 days prior to the date he wishes you to be moved out of the property. This notice is designed to give you enough time to find new accommodations. It is illegal for a landlord to change locks or physically remove you from the property should you choose not to move out by the appointed deadline. He may, however, take you to court to force eviction.

Court Proceedings

• If your landlord chooses to file eviction proceedings with the local district or magisterial court, he is required to give you 30 days' notice of the impending court date. Without a lease document, you have no real defensible position in such a hearing. As long as the landlord has performed his due diligence in properly informing you in advance of the eviction date and court hearings, the court has little recourse but to rule in his favor.

Fair Housing Rights

• The lone defensible position when being evicted without a lease falls under the laws detailed in the Fair Housing Act. If you can prove that your landlord is discriminating against you based on protected criteria, such as race, gender, age, national origin, disability or family status, you may be able to win an eviction hearing. If your landlord has discriminated against you in any of these ways, you may also be eligible to pursue damages in civil court.