Can I be evicted if Ive already paid the rent for February, but it was a verbal lease not a written one?
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Can I be evicted if Ive already paid the rent for February, but it was a verbal lease not a written one?
I moved in with my brother sister-in-law in August
with a verbal agreement that I could stay one year
only have to pay her 100 a month the same she
charges her brother that also lives her. Well, she
has just sprung on my brother that she wants a
divorce told me she was going to have me evicted
this week she has not given me any formal notice to
vacate. I already paid her 200 in January for that
month this month. My question is, is can she still
file an eviction against me if my brother is also still
living here I already paid her for this month?
Asked on February 12, 2018 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) An oral lease ("oral," not "verbal," is the correct term, by the way) can only ever be month-to-month: that is, for a month at a time. There is no such thing as a one-year oral lease.
2) A month-to-month lease may, as the term implies, be terminated on a month's notice: that is, you can be required to leave on one month's--but NOT less--notice.
3) You cannot be required to leave during any month that they accepted rent for; they have to give you your month's notice subsequent to that.
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