Professionals Cairns Beaches 
If you find yourself in the situation of wanting to part ways with a tenant who doesn’t have a lease, you might be wondering about the options available to you.
While having a lease agreement in place provides a clear roadmap for such situations, it’s not uncommon for landlords to face the challenge of evicting a tenant without a formal lease. So, is it possible?
The short answer is yes, but the process requires careful consideration and adherence to the laws governing landlord-tenant relationships.
Let’s delve into the details to understand how you can navigate this situation effectively.
Can You Evict a Tenant Without a Lease?
Yes, you can evict a tenant even if there’s no formal lease agreement in place.
Despite the absence of a written contract, landlords and property administrators maintain the legal authority to terminate a tenancy. In such cases, the arrangement defaults to a month-to-month or periodic tenancy, contingent on the rent payment frequency.
In Australia, periodic tenancy refers to a tenancy arrangement that continues periodically, typically month to month, without a fixed end date.
This type of tenancy is often formed when the initial fixed-term lease expires, and both the landlord and tenant choose not to renew it for another fixed term. Instead, the tenancy automatically converts to a periodic tenancy.
Unlike a fixed-term lease, a periodic tenancy doesn’t have a specified end date. It continues until either the landlord or the tenant provides proper notice to terminate the tenancy.
Rent is usually paid on a periodic basis, often monthly, but this can vary depending on the agreement between the landlord and tenant.
Lawful Reasons to Evict a Tenant
In a periodic tenancy in Australia, landlords may have lawful grounds for evicting a tenant, even without a formal lease. Some common reasons include:
Unpaid Rent
If the tenant consistently fails to pay rent, this is a valid reason for eviction.
Landlords can typically issue a notice to remedy the breach, and if the issue persists, it’s the landlord’s right to proceed with eviction.
Breach of Tenancy Agreement
Any violation of the terms outlined in the landlord-tenant laws or agreed-upon rules can be grounds for eviction.
This may include causing damage to the property, engaging in illegal activities on the premises, or other breaches of the tenancy agreement.
In joint leases, where both tenants are bound by the same agreement, any violation of the terms outlined in the landlord-tenant laws or agreed-upon rules can be grounds for eviction.
If one roommate breaks a lease, for example, it can also be considered a breach of the tenancy agreement and may have implications for both parties involved.
End of Fixed-Term Lease
If the periodic tenancy resulted from the expiration of a fixed-term lease and the landlord chooses not to renew, they can provide the required notice for termination.
Sale of Property
In some cases, if the landlord intends to sell the property and requires vacant possession, they may have the right to terminate the tenancy. However, specific rules and notice periods apply.
Renovation or Repairs
Landlords may be allowed to terminate a tenancy if they need to carry out substantial renovations or repairs that cannot be reasonably conducted with the tenant in residence.
Proper notice and adherence to relevant laws are essential in such cases.
Unlawful Reasons for Eviction
Landlords must adhere to the law and ethical standards when considering eviction.
Evictions should be carried out within the legal framework, and any disputes should be addressed through appropriate legal channels or mediation services.
Evicting a tenant for unlawful reasons is a serious violation of tenant rights. Some unlawful reasons for eviction include:
Discrimination
It’s illegal to evict a tenant based on factors such as race, gender, religion, disability, marital status, or other protected characteristics.
Discrimination is strictly prohibited by anti-discrimination laws in Australia.
Retaliation
Evicting a tenant in retaliation for exercising their legal rights, such as making a complaint to the relevant authorities or joining a tenants’ union, is unlawful.
Tenants have the right to report issues and expect protection from retaliatory eviction.
Exercising Legal Rights
Tenants have legal rights, and landlords cannot evict them simply for asserting these rights.
For example, a tenant cannot be evicted for requesting necessary repairs or for participating in a tenant’s association.
Personal Disputes
Personal disagreements between the landlord and tenant that don’t involve breaches of the tenancy agreement or legal violations are not valid grounds for eviction.
Decisions should be based on documented breaches of the agreement or legal requirements.
How to Evict a Tenant Without a Lease: A Step-by-Step Guide
Evicting a tenant without a lease in Australia involves following legal steps and providing proper notice.
Keep in mind that eviction laws can vary between states and territories, so it’s essential to familiarise yourself with the specific regulations in your jurisdiction.
Here’s a general guide:
Step 1: Identify Valid Grounds for Eviction
Clearly establish legal grounds for eviction, such as non-payment of rent, property damage, or violation of tenancy laws. Ensure your reasons comply with the laws in your specific state or territory.
Step 2: Provide Written Notice
Prepare a written notice specifying the reasons for eviction and the required corrective actions. Include the date, tenant’s name, property address, and a clear statement of the issue.
Be sure to use the correct notice period as per local regulations.
Step 3: Serve the Notice
Serve the notice to the tenant in a legally acceptable manner. This may include delivering it in person, sending it by registered mail, or following any other methods stipulated by local laws.
Keep a copy of the notice and evidence of delivery.
Step 4: Allow Time for Re-mediation
If the notice outlines corrective actions, allow a reasonable period for the tenant to address the issues. Document any changes or lack of compliance during this period.
Step 5: Submit an Eviction Application, If Necessary
If the tenant fails to comply and you decide to proceed with eviction, submit an eviction application to the relevant tribunal or court. Follow the specific procedures outlined in your jurisdiction.
Conclusion
Evicting a tenant without a lease is indeed possible. While the absence of a formal agreement may add some intricacies to the process, it doesn’t leave landlords without recourse.
If you encounter challenges or are uncertain about the legal aspects, consider seeking legal advice from a professional or contacting your local tenancy authority.
Understanding the legal grounds, providing proper notice, and adhering to the specific procedures in your jurisdiction are key.
