In a perfect world, landlords wouldn’t need to know how to write a lease termination letter. But this skill is essential if a tenant won’t follow the rules.
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While most renters are used to signing a lease, there is no law that says a landlord is obligated to use one. And for a variety of reasons, many people pay to live somewhere without the benefit of any kind of written document. But just because there isn’t a binding contract spelling out rights and responsibilities, doesn’t mean there aren’t any rules. A landlord and tenant without a lease still have some protections. How the Law Views Renting Without a Lease Anyone who pays to occupy a dwelling where they are not the owner is a tenant in the eyes of the law. A tenant without a lease is known as a tenant-at-will. Instead of writing up a rental agreement or lease which is a legal document, the tenant and landlord have an implied lease. This is a verbal agreement that may include the amount of rent, when it’s due, who will be responsible for paying utilities, and any other conditions the two parties decide on. Common situations when an owner of a property might choose not to use a lease include allowing a friend or family member to move in or getting a roommate. Someone may also become a tenant-at-will if their landlord lets a written lease end without renewing it, or if a written lease is so poorly written that it will not stand up in court. With an implied lease, landlords and tenants have the same rules and protections as if they had a written month-to-month contract (or week-to-week if that is how rent is paid). State and local laws determine those rights and obligations. So, the rights of tenants in Missouri or Illinois might be different than in other states. Essential Rights of Tenants All tenants who pay rent, whether they have a lease or not, are entitled to certain protections under the law, no matter where they live. Rental properties must: be a safe and habitable environment provide access to necessary services such as water, heat, and electricity comply with all state and local health and building codes respect tenants’ right to privacy Anything beyond these basic requirements is typically documented in a lease agreement , for example outlining pet or smoking policies, or providing renters with a parking spot, laundry facilities, etc. These things may apply to a tenant without a lease too, but it is based only on a verbal promise. So, if the landlord decides to suddenly ban pets or take away a tenant’s parking spot, the tenant has no recourse since it was never put in writing. Some rules, like occupancy limits, might be determined by local ordinances. Both the landlord and tenant will need to follow these laws, regardless of any agreement they may make between them.
