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I know some landlords don't require tenants to sign anything (no lease). So what is the minimum necessary for a tenant not to be charged with breaking and entering (or unlawfully living in the home) if the landlord decides to kick them out? For example if a person has already moved in without signing anything, and subsequently the landlord wants them to sign a lease, but the tenant refuses to do so, is the tenant still protected by tenancy laws or can the landlord phone the cops right away and have the "trespasser" removed from the house? As long as a person has demonstrated that they initially had permission to live in the property, do they have some claim to continue to do so until the eviction process is completed?

The worst case scenario I can think of is if the tenant moves in with a verbal agreement from the landlord that no lease will have to be signed, he hasn't paid rent yet, and hasn't received a key and the landlord says "I changed my mind; you have to move out."

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  • Related question: law.stackexchange.com/q/21/10
    – feetwet ♦
    Aug 27, 2015 at 19:48
  • These kinds of things vary between each state, province and, probably, in the case of Canada, territory, too. Which province or territory in Canada?
    – cnst
    Aug 27, 2015 at 20:47
  • @cnst British Columbia
    – Cole Mike
    Aug 28, 2015 at 1:49

1 Answer 1

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Yes, they still have to go through the normal eviction process and must still provide the minimum number of days required by their local jurisdiction in order to vacate the property. By moving in and establishing residency, the tenant and landlord form an implied lease - the tenant does not need anything in writing in order to establish their legal rights to tenancy.

More information: No written lease--Am I in trouble?

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