Blog Post

What Rights Do Tenants have Without a Lease?

Brett Murray • September 5, 2024

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 Missourior 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.



Raising Rent

Having a lease locks tenants into their rental amount for the duration of the lease—usually a full year. Since an implied lease is the same as a month-to-month contract, a landlord can raise rent at any time, with only 30 days notice. If there is an agreement to pay rent weekly, only seven days’ notice is required.

Neither Illinois or Missori have a cap or limit on the amount a landlord can raise rent. This is true both with and without a lease. 



Security Deposits

A tenant without a lease may still need to pay a security deposit. There is no limit to the amount a landlord can charge in Illinois, but in Missouri no more than twice the monthly rent amount is allowed. 



Refunding a security department when a tenant moves out follows the same rules as most leases: the money should be returned within 30 days. The landlord can keep a portion of the deposit to cover unpaid rent, damages, or cleaning, but they must provide a detailed explanation of the reasons. If a tenant-at-will disputes the landlord’s deductions, they can take them to small claims court to seek full compensation, even when there is no lease.



Privacy Rights of Tenants

It is the right of tenants in Missouri and Illinois to get 24 hours notice before a landlord or maintenance worker enters their rental unit. The lack of a lease does not give a landlord the right to barge in on a tenant. The only exception is in the event of an emergency. Even suspicion of illegal activity is not a good reason to enter a dwelling without permission and notice. Those situations should be referred to law enforcement to handle.

Harassment or discrimination of any kind is illegal too, whether it is backed up with a legal document or not. 



Can You Evict a Tenant Without a Lease?

Just like rent increases, landlords must give tenants-at-will 30 days notice when they want them to move out. They do not have to provide a reason for wanting to end the implied lease agreement. Tenants are also expected to give 30 days notice if they decide to leave. 



If a renter refuses to leave after being informed that they must move out, the landlord can begin the eviction process. The rights of the tenant include getting written notice and a court hearing. 



Other valid reasons for an eviction, with or without a lease, are failure to pay rent, damaging the property, creating disturbances, creating a health hazard, or engaging in illegal behavior



Landlord Protections—With or Without a Lease

A verbal agreement between landlord and tenant is enough to give both parties some protection. But having a good lease is still preferred. When all rules and expectations are explained thoroughly and in writing, there is less chance of disagreements and disputes



For landlords choosing to go the tenant-at-will route, there are some additional things that can safeguard the property and their investment. Maintaining accurate records of all rent payments received, invoices for all repairs completed, and copies of written notices will be helpful if a tenant makes accusations that landlord-tenant laws were broken. 


In addition to using a written lease, many landlords find hiring a property management company to be helpful. Property managers act on behalf of the landlord and are a great resource for tenant questions and leasing issues. 

If you would like to learn more about leases, tenant relations, and how property management companies can help, contact Select Leasing & Management today.


Share this post

By Brett Murray February 6, 2025
Rental property damage beyond normal wear and tear can stretch a landlord’s budget and patience. Know when and how to approach tenants about recouping your costs.
January 9, 2025
The purpose of a property manager is to take a lot of weight off a landlord’s shoulders. Working with a property management company can also boost your ROI.
By Brett Murray December 5, 2024
As a Landlord, you can’t just “trust your gut” when it comes to letting a new tenant move into a rental unit. Some type of tenant background check is necessary to ensure the person is who they say they are, can pay rent, and won’t cause trouble or property damage. While there is no guarantee that someone will be a good renter or a bad one, a thorough screening process can help improve the odds. It’s also helpful to dig a little deeper than the usual questions for things landlords frequently forget, or that might be missed in a background check. The Importance of Tenant Screening Owning rental property is a business, and profits depend on collecting rent, minimizing expenses, and maintaining the investment’s value. Simply put, finding good tenants with tenant background checks is a wise business decision. Saying “yes” to the wrong person can cause property owners a lot of problems, like: Unstable finances due to unpaid or chronically late rent Increased maintenance, repair, and cleaning if tenants mistreat the property Losing good tenants driven out by a neighbor’s disruption Safety concerns and potential premises liability due to criminal behavior Legal fees if eviction proceedings are necessary The consequences of not doing background checks are far worse than the time and money it takes to do them in the first place. Ground Rules for a Tenant Background Check The U.S. Department of Housing and Urban Development’s Fair Housing Act makes it illegal to turn down applicants for the following: Race Color National Origin Religion Sex (including gender identity and sexual orientation) Familial Status Disability Not only is it against the law to even ask about these factors, but they have nothing to do with whether someone will be a good or bad tenant . Far more important information can be learned from a credit check, a criminal background check, and an application that asks for meaningful information about the applicant’s rental history. Landlords are within their rights to ask for the following: Employment and salary history Current income Social security number Driver’s license number Past evictions Credit history and bankruptcies Arrests, convictions, and inclusion on the sex offender list References Nothing prevents a person from lying about something on this list, but the information will be included in formal screenings. Inconsistencies in what’s written on the application and what comes to light with a background check are enough to justify turning down the application.  Landlords must get written consent to do tenant background checks for both criminal history and credit scores. An applicant’s refusal to give permission is itself a red flag that the person may have something to hide. Property owners are allowed to make background checks a requirement to consider an application . Things Landlords Frequently Forget to Ask During Screening Along with the standard background information listed above, there are some other things landlords can look into that can be helpful in making a rental decision. These topics can be added to the application so the answers are in writing. As long as all applicants are asked the same questions, they are not discriminatory. 1. What are the names of all occupants? There are several reasons why knowing exactly who will be living in the rental unit is important. Ideally, all adults should be included in the lease. This way, roommates, partners, and adult children can all be screened for criminal histories and red-flag behavior. It might seem trivial, but a follow-up question asking how many vehicles will be on the premises could be relevant if parking space is limited. Some leases include occupancy limits , either due to local laws or the landlord’s preference. This is another reason to ask for the names of both full-time and part-time occupants. Perhaps a tenant is the only full-time resident but has custody of several children on weekends or for the summer. Renting to them could violate the lease or Missouri housing standards . 2. Have you ever broken a lease or been asked to move? Evictions are usually a last resort, so the standard question about past evictions may not give a landlord enough information. Asking these questions instead can be revealing. A past landlord may have given warnings and threatened to evict someone, but the tenant moved before they had to follow through. Likewise, a tenant may have stopped paying rent and left before their lease expired. Either situation is a red flag. These questions can open a discussion to see if there is a reasonable explanation. 3. What is the status of prior arrests or convictions? Everyone deserves a place to live, including those with a criminal past. Past arrests or convictions might come up for people who otherwise might be great tenants. What’s often missed in a background check is how their case was resolved or their current status. Probing into the nature and seriousness of the crime and how long ago it occurred can tell a lot. Was it a misdemeanor or a felony? Is the case resolved or has it not yet gone to trial? Can a parole officer vouch for you if they were incarcerated? Are you in rehab or otherwise working toward rehabilitation? Are you in the National Sex Offender Registry? Remember, people can be arrested for many things but are innocent until proven guilty. And even if found guilty, they may have paid their debt to society. Unless you choose to adopt a zero-tolerance policy (which is perfectly acceptable), having these conversations is helpful. Consider, too, that an applicant who is open about their past and tells you what you will learn from a background check, may be worth a second look.
Show More
Share by: