Verbal agreement-invalid notice

Status
Not open for further replies.

robmeldani

New Member
My jurisdiction is: Texas, United States

I live in Van Zandt County Texas and have been living at residence for 6 years. My wife and I agreed to move in with my grandmother and assist her and for doing so my mother who is th POA of my grandmothers estate said that for taking care of her we would receive the house and a certain amount of acreage for doing what we did. There were no terms for living there; no rent to be paid, no improvements to be done although I did them, nothing was to be done except assist my grandmother. My grandmother went to a nursing facility and my mother had told me from that point that she would remain in the facility because my grandmother was too much to handle. At this point no other terms were talked about or specified for living in the home. I received a notice to vacate via certified mail which gave me approximatley 45 days to vacate upon receipt of letter. I spoke with my mother on the phone about 4 days after receiving the letter and we agreed that she would be flexible on the date as long as progression was being made to move from the home. Well 10 days later I received another letter stating I now had 13 days to vacate. All the while there was no communication of any kind that I was in violation of any agreement. I have a house being built which has a projected completion of 90 days but she will not be reasonable in any way. Do I have a good case against her?
 
A case for what?

When a tenant does not have a written lease, they are said to have a "tenancy at will". In most cases, these are "month to month" leases, in other words, the lease begins the first day of the month and ends on the last day.

How quickly someone can terminate this type of lease depends on how often rent is paid. In your state, if someone pays monthly the lease can be terminated with a 30 day notice; if weekly, a 7 day notice.

In your case, you are living rent free in this house. In theory, your mother could argue that you are "squatters" and after the 13 day deadline might show up with the police to escort you off the property (often police will not engage in such activity, citing this is more of a civil than criminal matter)....or could, after that deadline, file for an eviction.

It is unfortunate that you have nothing in writing regarding the initial agreement.

Gail
 
Status
Not open for further replies.

Ask a Question

Back
Top