Tenancy Without a Lease: Legal Rights and Protections in California
Living in a rental without a lease can feel uncertain. But in California, even if you don’t have a written lease, you’re not unprotected. The law still provides rules for how landlords must treat you, how much notice they must give, and what to do if problems arise.
This guide breaks down your rights, your landlord’s obligations, and how to handle issues like eviction threats, rent increases, and habitability problems—all without a lease.
What Is a Tenancy Without a Lease?
A tenancy without a lease is an informal rental agreement based on actions, not a written contract. It often takes these forms:
- Oral tenancy: You pay rent each month, with no fixed end date, based on and oral or handshake agreement.
- Atypical tenancy: you pay “rent” in the form of contribution to household groceries, or by agreeing to care for another individual (potentially the landlord), without a formal written lease.
Your Rights as a Tenant Without a Lease
Even without a lease, your landlord must follow California law. Key rights include:
- Proper notice for termination: Your landlord needs to provide 30 or 60 days’ written notice under California Civil Code §1946 and California Civil Code §1946.1
- Habitability: Your home must meet health and safety standards per California Civil Code §1941.1.
- Quiet enjoyment: You have the right to live in peace. Learn more in our blog post Understanding the Implied Covenant of Quiet Enjoyment.
- Fair rent increases: Rent hikes require 30‑day or 90-day notice, depending on the amount, under Civil Code §827.
Common Problems in a Tenancy Without a Lease
Many tenants without leases experience problems that feel urgent and unfair—but the law is often on your side. Below are real-life examples, legal explanations, and how to respond.
Sudden Eviction Notices
The Problem: Some landlords try to evict tenants without proper notice, assuming no lease means no protection.
Example – Sonia’s Story: Sonia pays rent each month for a unit she rented out based ona an oral agreement with her landlord. One day, her landlord gave her a 3-day notice to leave. But California law requires at least 30 days’ written notice for month-to-month tenancies under a year and 60 days’ written notice for tenancies that have lasted longer than a year. Sonia sent a written reminder of the law, and the landlord rescinded the notice.
Takeaway: You still have rights. Less than 30 days notice is often illegal.
Unexpected Rent Increases
The Problem: Landlords may raise the rent suddenly or without notice in informal arrangements.
Example – Jamir’s Experience: Jamir paid weekly rent with no written lease. One week, his landlord said the rent was going up immediately by 5 percent. Jamir referenced California Civil Code §827, which requires 30 days’ written notice for increases up to 10 percent. The landlord canceled the increase.
Takeaway: Even without a lease, rent increases require notice. You’re not obligated to accept sudden hikes.
Habitability Issues
The Problem: Some landlords assume they don’t have to fix things in no-lease situations—but that’s not true.
Example – Luz’s Heating Issue: Luz had no lease, but her heater failed every winter. She sent written repair requests and followed up when ignored. Eventually, the landlord completed the repair—because habitability laws apply to all rentals.
Takeaway: You still have the right to a safe, functional home. Document everything and follow up persistently
How to Protect Yourself in a Tenancy Without a Lease
Here’s how to stay in control of your rental situation:
- Document everything. Save texts, emails, and letters about rent, repairs, and notices.
- Request a written lease. If possible, get terms in writing for more protection.
- Understand notice rules. Ensure any termination or rent hike uses proper notice and legal timelines.
- Seek legal advice early. If problems persist, talk to an attorney.
Take Action Today
You don’t need a lease to stand up for your rights.
If you’re dealing with a sudden eviction without the required notice, or health or safety issues your landlord won’t fix, you’re not alone—and you don’t have to navigate it on your own.
Call Tenant Law Group at (415) 801-8878 or complete our short intake form to request a free case evaluation with a non-attorney team member.
Your home is more than just a place to live. Even without a lease, you have rights—and we’re here to help you protect them.
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified attorney or local tenant advocacy organization for guidance specific to your situation.
