What rights do tenants have without a lease? As a landlord, you should only use signed leases to protect yourself and your tenants alike. However, if someone does end up occupying your property without a written lease agreement, you need to know their rights–and your legal options.
It’s true: even if someone doesn’t hold a written lease with you, like a holdover tenant, one in verbal agreement only, or a squatter, they still have rights. If you violate these rights, you could encounter expensive delays and possibly even lawsuits. In this guide, we’ll explain what those rights entail, how you can remove them while respecting those rights, and more. Let’s get into it.
Do Tenants Without a Lease Still Have Rights?
Yes. Tenant rights prevail in state and local landlord-tenant regulations, even if their lease agreement remains unsigned. In other words, lacking a formal lease doesn’t mean you can immediately remove them or deny them basic housing protections.
Tenants who occupy a property and pay the rent are entitled to proper legal protections. However, even those who don’t pay rent, such as squatters, still have certain rights. For example, if you accept rent payments from an overstaying tenant, that gives them qualified legal rights as a holdover tenant.
As a reliable San Antonio property services company, we understand that if they stopped paying the rent or never had permission to stay, the situation changes—but you still must follow a legal eviction process to remove them.
What Rights Do Tenants Have Without a Lease?
Even tenants without a lease still have rights under state and local laws. Understanding these protections helps landlords avoid legal missteps as they manage their property more effectively. Here are some of the biggest ones:
Proper Written Notice
You cannot remove a tenant without a lease without giving them proper written notice. For example, with month-to-month tenants, Texas law requires at least 30 days’ written notice before terminating the tenancy. So, this is a key law you must follow.
Evictions
First off, even with tenants without a lease, you must go through the entire legal eviction process–no shortcuts allowed. Self-help evictions, like changing the locks or removing the squatter’s belongings without a court order, are illegal in Texas.
Also, as we said before, you can only pursue the eviction process for holdover tenants if you don’t accept rent from them. If you do, they’re still paying, month-to-month tenants.
In addition, Texas law requires that you follow the formal eviction process for squatters. Before doing anything else, you must first serve a three-day notice to vacate. Then, if the squatter refuses to leave, you must file a forcible detainer suit. After that, if the court rules in your favor, law enforcement will issue a writ of possession. This will allow your sheriff or constable to remove the squatter.
Right to a Habitable Living Space
In Texas, landlords must keep rental properties in safe and livable condition. This includes addressing issues that pose risks to a tenant’s health or safety, like sewage backups, pest infestations, lack of hot water, faulty wiring, and roof leaks. If you fail to provide these basic conditions, your tenant or unauthorized occupant could sue you.
However, landlords cannot always enter the property to make these repairs. For instance, if a squatter will not let you in the property, you cannot get in there. If that’s the case, you may need to seek a court order to gain entry.
Protection Against Retaliation
If tenants without a lease complain about repairs, safety issues, or housing violations, landlords cannot retaliate by cutting off the utilities, changing the locks, or again, removing the tenant without an eviction order.
Security Deposit Protections
If a tenant without a lease paid a security deposit, you must follow state laws regarding it. For example, you have to obey regulations on how long you can hold the deposit after moving out, which deductions are allowed, and the requirement to provide an itemized list of any deductions.
Harassment
In Texas, landlords are forbidden from harassing tenants. Harassment includes threats, intimidation, or coercion to force a tenant or squatter out. As an example, if you remove someone’s belongings without an explicit court order to do so, that counts as landlord harassment.
4 Types of Tenants Without a Lease
Before taking action, landlords need to identify what type of tenant they’re dealing with. Here are some of the most common scenarios:
Holdover Tenants
Tenants who stay in a rental unit after their lease expires are known as holdover tenants. If their lease allows for a renewal, continuing to accept rent payments will convert them into month-to-month renters under state law. However, if the lease was fixed term with no renewal option, the tenant may be considered a squatter–that is, unlawfully occupying the unit. As such, you can send them a notice to vacate, and if they don’t obey it, you could proceed into the eviction process.
Tenant-at-Will
In Texas, a tenant-at-will is someone who resides in a rental property without a fixed-term lease but pays rent on a regular, agreed-upon schedule. This arrangement can be based on a written or verbal agreement.
Squatters
A squatter is someone who occupies your property without permission or ever having had a lease in the first place. Since they have no legal right to the unit, landlords typically need to go through the formal eviction process to remove them.
Unauthorized Occupants
In Texas, if a tenant allows an unauthorized guest to move into the rental property without the landlord’s consent, this individual does not automatically gain tenant rights. However, you still must evict them through the legal eviction process.
More specifically, according to Texas Property Code § 92.010, landlords have the right to set occupancy limits and require all adult occupants to be listed in the lease agreement. If the tenant exceeds these set limits or has unauthorized occupants, that can be considered a breach of the lease. In turn, if you provide a notice to quit and the tenant doesn’t do so, it’s grounds to start the legal eviction process.
How to Remove a Tenant Without a Lease Legally
If you want to remove a tenant without a lease, there’s a proper legal process you should follow. While you should consult with a lawyer for further advice, here’s a brief outline of what it looks like:
Provide Notice: First, start by giving the tenant a written notice to cure and wait to see if the issue is fixed within the notice period (if applicable). Then, you can provide a notice to vacate the premises. The notice should clearly state the reason for the eviction and the time frame within which the tenant is expected to leave. If there is no written lease agreement, you are typically required to provide a 30-day notice period, which gives the tenant ample time to make arrangements to vacate.
File for Eviction: If the tenant without a lease fails to leave the property after the notice period has expired, you will need to take the next legal step by filing an eviction lawsuit in the appropriate court. This process involves preparing and submitting the necessary legal documents to initiate the eviction proceedings.
Attend the Hearing: Once the eviction lawsuit is filed, you will be required to appear in court for the scheduled eviction hearing. During this hearing, both you and the tenant will have the opportunity to present your case to the judge, who will then make a decision based on the evidence and arguments provided.
Get a Judgment: If the judge rules in your favor and determines that the tenant should vacate the property, a judgment for possession will be issued. This judgment legally grants you the right to regain possession of the property, and it may also include any back rent or damages owed by the tenant.
Get a Writ of Possession: In the event that the tenant without a lease still refuses to leave the property despite the judgment, you will need to request a writ of possession from the court. This legal document authorizes law enforcement officers to physically remove the tenant from the premises and return possession of the property to you.
Prevent Tenants Without a Lease from Causing Trouble with BMG
Managing tenants without a lease can be legally complex and time-consuming. Whether you’re dealing with holdover tenants, month-to-month arrangements, or unexpected occupants, understanding Texas rental laws is crucial to protecting your rights as a landlord. By sticking to the letter of the law, you can protect your wallet, time, and reputation.
At Bay Property Management Group, we specialize in helping landlords navigate tenant-related issues with ease. Our team ensures compliance with state and local laws, provides professional eviction support when necessary, and helps landlords implement best practices to prevent tenants without a lease from slipping through in the future. If you need help managing your rental property, contact us today to learn how we can assist you.
