• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Eviction, when there is no Lease

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Thaskateguy

Junior Member
What is the name of your state (only U.S. law)? Texas

I have been renting two rooms to a tenant. We have no contract. I have verbally asked the tenant to move. I would like to reclaim my property, and evict the tenant. Is there a standard form I can print out? I would be willing to give the tenant 30 days to vacate. Thank you.
 


justalayman

Senior Member
I am stating this with caution as I cannot find any statutes specific to a rooming house, which your situation might be considered. Some states have some different rules for rooming house situations.

so, to a typical landlord tenant situation, since the rental period is monthly, you must give 30 days notice. I have seen nothing that would require you provide or need justification to terminate the tenancy other than you simply want to.

Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) one month after the day on which the notice is given.
(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(d) If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.
(e) Subsections (a), (b), (c), and (d) do not apply if:
(1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or
(2) there is a breach of contract recognized by law.
as to standard forms? No statutorily required forms I am aware of. I would simply give notice, in writing, that the tenancy is terminated 30 days from the delivery of the notice.

if the tenant refuses to leave, you would have to take the appropriate means to evict the tenant, which means you go to court. Self help is almost always frowned upon in such situations.
 

Thaskateguy

Junior Member
I am stating this with caution as I cannot find any statutes specific to a rooming house, which your situation might be considered. Some states have some different rules for rooming house situations.

so, to a typical landlord tenant situation, since the rental period is monthly, you must give 30 days notice. I have seen nothing that would require you provide or need justification to terminate the tenancy other than you simply want to.



as to standard forms? No statutorily required forms I am aware of. I would simply give notice, in writing, that the tenancy is terminated 30 days from the delivery of the notice.

if the tenant refuses to leave, you would have to take the appropriate means to evict the tenant, which means you go to court. Self help is almost always frowned upon in such situations.
Agree with the plan of going through the proper procedures. that is my sole intent. I would not want to cause any undue inconvenience to the tenant. I just need my space back.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top