It seems strange, but yes, tenants have rights even if they don't have a lease. According to AP News, as rents continue to rise, eviction filings in 2023 and 2024 could be 50% higher than before the COVID-19 pandemic.
As much as you want to evict a tenant without a lease, it's important to remember that they still have tenant legal rights. So, what rights do tenants have without a lease, and how can you protect your property? Read on.
Tenant Protection Laws in Knoxville
All tenants receive legal protection from the state even if they have not signed a lease. Some of the rights your tenants may have include:
Right to Habitable Living Conditions
According to the Tennessee Department of Health, tenants have a right to a peaceful and livable place. Such a right is a guarantee regardless of whether or not there is a lease agreement in place. As the landlord, you must provide all tenants with a safe, clean, and habitable unit.
The right to habitability is one of the reasons why you should only accept tenants ready to commit to full lease compliance.
Right to Notice Before Eviction
Even if a tenant doesn't have a lease, you can't just evict them off your property. Besides, you can't implement strategies such as shutting off their power or changing the locks to the rental unit.
You have to give your tenants notice before the eviction. You can set the notice period depending on how frequently the tenant pays rent, which may be 14 or 30 days. The notice must also include the reason for eviction, which is often:
- Unpaid rent
- End of lease
- Violation of the terms of the lease
If the tenant refuses to vacate the premises, you can file an unlawful detainer action. The process can be time-consuming, so review different eviction guides to learn what you can do to fast-track the process.
Tenant protection laws remain effective even if you are using lease agreement alternatives. Oral rental agreements are not dependable if tenant-landlord disputes occur.
Right Against Unfair Treatment
Tenants without a lease have a right against unfair treatment or discrimination. You're not allowed to initiate retaliatory actions against your tenants.
Further, you can't unreasonably interfere with your tenants or evict them for reasons such as their race, disability, color, or nationality.
Duties and Responsibilities of Tenants
Like landlords, tenants must fulfil specific responsibilities even without a lease. Poorly behaved tenants are the primary source of stress for landlords across the state. However, you can overcome this challenge by hiring a property management company.
Some of the duties of tenants include:
- Prompt payment of rent
- Maintaining the property to a reasonable standard
- Adherence to rules on health and safety regulations
Understand What Rights Do Tenants Have Without a Lease Today
What rights do tenants have without a lease? The law provides specific legal provisions for protecting the interests of tenants.
At PMI Knoxville, we understood the direct and indirect costs landlords suffer due to uncooperative tenants who still need to sign a lease. We'll use our 20 years of experience in the industry to screen tenants.
We'll also leverage our expertise and state-of-the-art technology to help you safeguard your investment in the long term. Contact us today, and we will provide hassle-free property management services.
