Does a VERBAL LEASE go over well with the courts?

Question

I rented my house out to my cousin and there was no written lease just a verbal lease. Now he will not pay rent. Does a verbal lease go over well with the courts? I am in Texas. Please advise.

Also, he will not leave the house...I have given him 2 notices to leave and he refuses to leave. On top of all things he is trashing the house!

Also, I have already started the process of evicting him. I had to dish out $100 for this.

Answer 1

No a verbal lease is next to nothing in the courts eyes. It really boils down to your word against someone elses.
Why would you have a verbal contract?

Answer 2

Rachel,
sorry to hear of this unfortunate event. Tougher because of family I am sure. Basically, the lease is predicated on a verbal agreement - something that would pass the "reasonable person" litmus test. Speak with your an Attorney - get a consultation, these go for about $75.00 per half hour (for an effective Atty) and you will come away with enough information to know what you should do next.

The "reasonable person" litmus test can be applied to many different things/matters but in this case consider "Is it reasonable to expect to reside in a home that is not yours for free?" The answer is clearly "NO", so before you see the attorney write down to your best memory a) the date of the lease, b) time of the agreement, c) what you said, d) what the other party agreed to, and d) ALWAYS use the word "LEASE" in your discussions NEVER sway from this word and NEVER use the word "agreement" - this will imply a whole new legal spin on matters.

With this little information you should have enough to get started. And don't worry about the Courts - pound the facts when the law is likely not stacked in your complete favor. When neither the facts nor the law are in your favor then pound the table. Either way - stick to your guns on this, be firm, and you WILL come out of this a winner.

Best of luck!

Answer 3

Yes and no. Verbal leases tend to go in favor of whomever owns the house, which is why only an idiot would move in somewhere without a written lease. You own the house? You don't even need to go to court. Give him thirty days notice to vacate, in writing. Then you can just have your cousin removed by the cops. If you don't want to wait that long, call them now and ask them if they can legally remove him. I am not specifically familiar with Texas law, but he is on YOUR property. I don't see why you can't have him removed whenever you want, but the letter will make it official. Odds are you'll never have to step into a courtroom.

Answer 4

Your cousin is considered a "tenant at will." Start putting things in writing, like a notice to evict, any contact you have had with him (dates, times, content of conversation, etc.). The Texas Attorney General's website should also help you. It probably isn't worth it to take him to court, at best maybe small claims court. If he has written you checks in the past for rent, and you have proof of those checks, that might help, but verbal agreements are tough.

You should get him out ASAP, but make sure you do everything a proper landlord does, keep track of it, so he can't come back on you for anything.

GOOD LUCK!

Answer 5

It is harder to prove the details of the agreement ($600 per month- 6 month lease..etc)
But I think most judges have the sense to know you didnt just let someone live in your house for free- im sure you will get some compensation but maybe not everything you deserve...

I learned from Court shows that written agreements are a must have!! But im sure you learned that the hard way

Answer 6

If he won't pay just kick him out. The benefit of your verbal lease is that your cousin has no protection to stay either. So give him a "written" eviction notice and find a new tenant. Problem solved.

Answer 7

An oral lease for a term of up to one year is enforceable in Texas. Tex. Prop. Code SS 5.021; Bus. & Corn. Code SS 26.01(b)(5).

If I understand this situation, your cousin agreed to pay rent. If he denies that he agreed to pay rent, then he is a tenant at sufferance. If he did agree to pay rent, then his failure to pay is grounds for eviction, but he can preserve the lease if he pays the past due rent.

So what you want is to maneuver him into denying that he owes rent, that you said he could stay there as long as he wants without paying rent. In that case, the court will allow you to throw him out, and quickly, too.

You might send him a letter saying that you have not received rent from him and as far as you can tell, he does not intend to pay rent. Send him the letter by e-mail with a return receipt, and send it by US Mail, both regular and certified, return receipt requested. Wait two weeks, then send a letter (email plus US Mail plus certified, R.R.R.) referring to the first letter:

Reference is made to my letter of X date, wherein I mentioned that I have not received rent from you in connection with your use of the house located at Y (location). You have not paid rent. You have not agreed to pay rent. You are a squatter. To the extent that you are a tenant by sufferance, be advised that I have elected, and by sending this letter I do elect, to withdraw my consent that you occupy the premises. Demand is made that you vacate the premises forthwith.

Wait a week, then go to the courthouse and advise them you need to start a pro se eviction against a squatter. The kind clerks will show you the forms, but they probably will not help you fill them out, 'cos they are court clerks, not lawyers. This process should get the deadbeat out, though you should make sure your insurance is paid up, because he's likely to trash the place on the way out the door.

Answer 8

In general, obtaining enforcement of a verbal agreement in a court is difficult. Unless there's something in writing, it's only your word against another's. Your cousin could simply say, "He/she told me I could stay there rentfree until I found a place to live" or "He/she told me that he wanted me to stay there rentfree because he didn't want his house sitting vacant." If there's no document, how is a judge supposed to figure it out?

Answer 9

Good luck you will need it. It is your word against theirs. Verbal contracts do not go over well with the courts at all.

Answer 10

no a verbal lease cannot be verified srry your cousin is a bum and doesnt have any idea on how to treat people or family.