Evictions are generally governed by lease agreements that outline the responsibilities of both landlords and tenants, including who pays legal fees for eviction of a dispute. But what happens when there’s no written lease in place? This situation is more common than many realize, especially in informal rental arrangements between friends, family members, or small landlords and tenants. When no lease exists, the question of who pays legal fees in an eviction becomes more complex and is largely determined by state laws and court discretion.
Understanding Tenancy Without a Lease
When a tenant occupies a property without a formal written lease, the arrangement is typically classified as a month-to-month tenancy or a tenancy at will, depending on the jurisdiction and circumstances. These informal agreements are still legally binding, and both landlords and tenants retain rights and responsibilities under local landlord-tenant laws.
Even without a lease, a landlord must follow legal procedures to evict a tenant. This includes giving proper notice and, if necessary, filing an eviction case in court. Once the case reaches court, the issue of legal fees becomes part of the legal proceedings, regardless of the absence of a lease.
Who Pays the Legal Fees?
In the absence of a lease that specifies how legal fees should be handled, courts typically rely on state or local landlord-tenant laws to determine whether one party should pay the other’s legal costs.
Here are the key scenarios that can unfold:
- Landlord Pays Legal Fees Upfront
In all eviction cases, regardless of a lease, the landlord is responsible for the initial legal costs. This includes court filing fees, fees for serving notice to the tenant, and legal representation if an attorney is hired. These are necessary expenses to initiate and move the eviction process through the courts.
- Tenant May Be Ordered to Reimburse Fees
If the landlord wins the case, some courts may allow the landlord to recover legal fees from the tenant, even without a written lease. This is often permitted if the tenant is found to be at fault—for instance, by refusing to pay rent or violating local housing laws. However, not all jurisdictions allow for the recovery of attorney fees in such cases, so it depends heavily on local laws.
- Court Discretion Plays a Major Role
Without a written agreement to reference, judges have significant discretion in awarding legal fees. Courts may consider factors such as:
- The conduct of both parties during the dispute
- Whether the tenant was unlawfully occupying the property
- Whether the landlord followed proper legal procedures
- The financial hardship on either party
In some cases, especially if the tenant is low-income or the case is straightforward, the court may decide that each party should bear their own legal costs.
- If the Tenant Wins
If the tenant successfully defends against the eviction, they may be able to request reimbursement for their own legal fees. However, without a lease or local law supporting that claim, such requests are rarely granted unless the landlord acted in bad faith or violated tenant rights.
Conclusion
When there’s no lease, legal fees in eviction cases are handled on a case-by-case basis. While landlords pay the initial costs to pursue an eviction, tenants may be ordered to reimburse those fees if they are found at fault—provided local laws support such recovery. Conversely, if tenants prevail, they may not automatically recover their legal costs unless misconduct or special circumstances apply. In the absence of a lease, state law and judicial discretion become the guiding forces in determining who ultimately pays legal fees.
