If you need to remove a tenant from your property due to non-payment of rent but they are not currently under a lease agreement, do you have to go through the eviction process?

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If you need to remove a tenant from your property due to non-payment of rent but they are not currently under a lease agreement, do you have to go through the eviction process?

Can you just have the removed based on the fact that you no longer have a legal contract for them to be there?

Asked on February 4, 2016 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fact is that a lease need not be written. In the case where there is no formal lease, a tenant is considered to be on a month-to-month agreement. Accordingly, they still must be evicted through legal means; they cannot just be removed. If the lawful steps for eviction are not followed, then the landlord can open themself up to a lawsuit for wrongful eviction. To check for just what a legal eviction entails in your state for a month-to-month tenancy, you can contact a local attorney who handles landlord-tenant matters or you can google for more information regarding the steps for eviction in your state.


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