What Rights Do Tenants Have Without a Lease: Owner's Guide

As a property owner or manager, understanding the rights of tenants, even if there is no written lease agreement is extremely important.

Knowing these rights helps you stay compliant with the law and avoid potential legal issues.

In this post, we'll cover the basics of tenancy without a lease, including what rights tenants have and the responsibilities both tenants and owners have.

What is a Tenancy Without a Lease Agreement

A tenancy without a lease agreement happens when a tenant lives in a rental property without a written contract, and is often referred to as "tenancy at will".

This can happen if the lease has expired and not been renewed, or if there was never a written lease to begin with. This kind of arrangement is popular because it is flexible and allows changes without needing to break a contract.

According to Mass Legal Help, your tenant is considered an "at-will tenant" if any of these apply:

• You have a verbal agreement to rent the property to a tenant.
• You have a written agreement that states the tenancy is month-to-month or does not specify an end date. If it specifies a fixed term or an end date, it is considered a lease.
• The lease has expired, but you continue to accept rent each month without objection or any special notation on the rent check.
• You issue a valid notice to quit, terminating the tenancy, but later decide to let the tenant stay without signing a new lease.
• You have a written agreement that claims to be a lease but does not specify an end date or rent amount; this is actually a tenancy-at-will.
• A tenant has lived in a rooming house for more than three consecutive months.
• The written lease is not subsidized by state or federal law, and you lost the property to foreclosure on or after November 29, 2007. Note that a Section 8 voucher is considered subsidized.

Do Tenants Have Rights Without a Lease or Rental Agreement

Even without a written lease, tenants have rights. As a property owner or manager, you need to know these rights to prevent future legal recourse.

Privacy

Tenants have a right to privacy.

You need to give tenants proper notice, usually 24 hours, before entering the rental unit, except in emergencies.

Deposit Refunds

If a tenant moves out, they are entitled to a refund of their security deposit.

You can deduct for unpaid rent, damages, or cleaning costs, but you must provide an itemized list of these deductions.

Notice Before Eviction

You must provide written notice before evicting a tenant.

Since the notice period can vary by state, we recommend you check local laws to make sure you give the correct amount of time.

A Habitable Living Space

You must provide a safe and livable environment.

This includes working plumbing, heating, and electrical systems, as well as a structurally sound building. These laws can also vary by state and local laws. Read up on them to make sure you are compliant.

Defend Against Unlawful Evictions

Tenants have the right to fight against unlawful evictions. You must follow the legal process for eviction, including giving proper notice and having a valid reason for eviction.

What Responsibilities Do Tenants Have

In addition to rights, even without a written lease, tenants also have responsibilities.

Let's discuss them in this section.

Maintain the Property

Tenants must keep the property clean and in good condition.

They should not be causing damage and must report any problems to you quickly.

On-Time Rent Payments

Tenants need to pay rent on time.

If rent is late, you can take steps according to local laws. Some of the popular steps you can take include:

• Charging late fees
• Starting the eviction process

What Responsibilities Do Owners Have

As a property owner or manager, you have important responsibilities to your tenants as well.

Make Needed Repairs

You must fix any problems that make the property unsafe or unlivable. This includes things like broken plumbing, heating, or electrical systems.

Provide Basic Utilities

You must also provide services like water, heat, and electricity. These are necessary for the tenant to live comfortably and safely. These may vary by state law, do make sure to check those out as well.

Bottom Line

Even without a written lease, tenants have important rights, and owners have duties to create and maintain a safe and fair living environment.

Knowing these rules will help you avoid legal issues and keep a good relationship with your tenants.

We also recommend to always stay informed about local laws to make sure you are compliant and fair in your property management practices.