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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default Eviction Without Lease in Texas

    My question involves an eviction in the state of: Texas

    My brother called me this evening with a troubling problem...

    He's been renting a room from some people he met through church, and they kicked him out today.

    Here's the deal... He started renting in May, so he's paid rent for 3 months. The problem is there was never a formal lease.

    He paid rent in a timely fashion, but kept his room quite messy (clothes on the floor, didn't wash his sheets, etc.). They told him to clean his room by the end of the week or he would have to leave. He did, but not up to their standards.

    They told him that he needed to leave by the end of the month because of his cleanliness as well as the fact that he stayed out too late and listened to secular music.

    He talked back to them, and they told him to get out right away or they would physically move his stuff out. So now he's homeless and couch surfing with a friend.

    Here's my take on this... Knowing my brother, he probably deserved to be kicked out, but it seems they should have giving him notice in writing of some sort. Additionally, he's paid rent until the end of the this month, so they've effectively taken 6 days of rent payments from him.

    I told him to talk with an attorney because this doesn't seem legal. Not having a lease makes this a lot messier, but he has a record of paying them rent, so I would suspect a tenant/landlord relationship would be assumed (along with the the rights to both parties that come with that).

    What should he do short of speaking to an attorney? I know he doesn't have much money, but this just seems wrong.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Eviction Without Lease in Texas

    In the absence of a formal written lease, accepting rental payments creates an implied tenancy at will. This is a month to month rental agreement, and either side may terminate the agreement with 30 days written notice.

    In addition to consulting an attorney (first consultation is typically free), your brother should check to see if he has a local tenants union.

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