Can a Landlord Evict a Tenant Who Isn’t on the Lease?

If you’re a landlord or property manager, you might wonder: Can you evict someone living in your rental unit who isn’t listed on the lease?

Short answer: Yes, but it’s not as simple as kicking them out. Tenant rights still apply, even without a formal lease, and mishandling the situation could land you in legal trouble.

In this blog, we’ll break down everything you need to know to handle non-lease occupants the right way.

Who Is Considered a Tenant Without a Lease?

Not all “tenants” are created equal. Here are the most common types you might deal with:

• Previous Leaseholder: Their lease expired, but they stayed without signing a new one.
• Subtenant: Someone the original tenant let move in, with or without landlord approval.
• Authorized Occupant: Someone allowed to live there informally (like a spouse or family member) but not officially on the lease.
• Unauthorized Occupant: Someone living there without landlord permission, could be a friend, boyfriend, or even a random Craigslist roommate.
  Holdover Guest: A “temporary” guest who never left, and now receives mail and keeps belongings there.

Important: Once someone establishes residency (e.g., gets mail at the address, keeps personal belongings there), they gain certain tenant rights, even without a lease.

When Can You Evict a Non-Lease Occupant?

You can’t evict someone just because you don’t like that they’re living there. You need a legal reason, such as:

• Violating property rules (e.g., unauthorized occupants, pets, noise complaints).
• Damaging the property.
• Engaging in illegal activities.
• Exceeding the allowed number of occupants.

If none of these violations occur, and the occupant isn’t causing problems, your options are more limited, especially if they are former leaseholders or authorized occupants.

Tip: If the occupant is linked to an existing tenant (e.g., a subtenant or authorized occupant), it’s usually best to work through the primary tenant first.

How to Legally Remove a Non-Lease Occupant

You can’t just change the locks or throw their stuff out, that’s called an illegal eviction and can lead to serious penalties.

Here’s the correct legal process:

1. Serve a proper notice (e.g., 30-day Notice to Vacate, or Notice to Quit, depending on your state laws).
2. Wait out the notice period. Give the occupant time to voluntarily leave.
3. File an eviction lawsuit (unlawful detainer) if they refuse to leave.
4. Attend a court hearing and get a formal judgment.
5. Use law enforcement to physically evict them if necessary.

No shortcuts. No self-help eviction. Even unauthorized occupants get due process under the law.

Evicting the Primary Tenant vs. Evicting Only the Unauthorized Occupant

• Evict Both Together: If the original leaseholder allowed someone unauthorized to move in (without landlord approval), you can often evict both for lease violations.
• Evict the Unauthorized Occupant Directly: Some states allow landlords to serve eviction notices directly to the unauthorized occupant, especially if they’re personally causing issues (e.g., disturbances, property damage).

Always check local laws, they vary on whether you need to evict both parties or can target the unauthorized person separately.

Special Cases: Tenants Who Want to Stay After the Lease Ends

If a lease expires but the former tenant wants to stay, and they have been a responsible renter, you can’t simply kick them out for no reason.

You have a few options:

• Offer a new lease agreement with updated terms.
• If you want them to leave, properly serve a non-renewal notice (if allowed by local laws).

Discrimination warning: You cannot selectively refuse to renew based on race, gender, family status, or other protected categories, doing so could trigger fair housing lawsuits.

Pro Tip for Landlords: Always Have a Lawful Reason, and Document It

Whether you’re dealing with a leaseholder or someone living in your property without a formal agreement, you must have a valid, legal reason to evict. Just as tenants have rights, so do landlords, but those rights are only enforceable within the boundaries of local, state, and federal laws.

Here’s what that means in practice:

• If you’re trying to raise the rent, change lease terms, or update property rules, and the tenant (lease or not) refuses to agree, you may have grounds to terminate the agreement and evict.
• If the occupant is breaking rules, disturbing others, damaging property, or falling behind on rent, those are legitimate causes to begin an eviction.
• But, and this is critical, none of it matters unless it’s documented. The court doesn’t care what you say happened. It only cares what you can prove.

Always keep a paper trail:

• Late rent notices
• Written warnings about rule violations
• Emails or texts showing communication
• Photos or videos of property damage
• Copies of lease terms and any amendments

Also, don’t forget: Your lease agreement is your first line of defense. Make sure it clearly outlines:

• Rules about subletting and guests
• Occupancy limits
• Grounds for eviction
• Procedures for lease termination

If there’s no lease in place? Then your state’s landlord-tenant laws take over, and you’ll still need to follow them closely.

Evictions aren’t personal, they’re legal. So keep everything professional, well-documented, and by-the-book. That’s how you protect your rights, avoid delays, and win in court if it comes to that.

Stay Informed with Expert-Led Fair Housing Webinars

Check out our Fair Housing Webinar page, where you’ll find a range of expert-led sessions designed as training tools for property managers. These webinars offer valuable insights into key topics like regulations, laws, tenant rights and responsibilities, landlord rights and responsibilities, and more, all directly impacting property management. Whether you’re an owner or manager, these sessions provide the knowledge and processes needed to manage your property effectively and legally. Learn from industry professionals with webinars covering HUD, HOTMA, evictions, lease agreements, and other essential topics to help you stay informed and compliant.

Final Thoughts

Evicting someone who isn’t on the lease isn’t about power, it’s about process. Whether you’re dealing with a guest who overstayed or a subtenant you never approved, the law requires you to follow the correct steps. Understand your rights, know your local laws, and document everything. When in doubt, consult a legal expert. A lawful, well-handled eviction protects not just your property, but your reputation.