Lease termination letter

[v2630]

My mother owns her house and decided to let her leech of a "boyfriend (now ex)" move in with her about 5 years ago. He's just a horrible human being in general, but he's gotten extremely verbally abusive towards her (and everyone else in the household) and it's escalated considerably the past couple of years. She's asked him to leave, told him to leave, screamed at him to leave, begged him to leave, for at LEAST six months now and he completely refuses.

They never had a written/signed lease agreement between them, just an oral agreement. He's paid her rent, but to my understanding, this falls under a month to month agreement so all she has to do is give him a 30 day notice of termination.

My questions are, does it need to be stated in the termination notice that the agreement was oral rather than written/signed, and who needs to deliver the notice to him?

 

[adjusterjack]

You don't say what state this is happening in. 30 days is the norm, but several states allow for longer or shorter notices.

On a month to month tenancy there doesn't have to be a reason for the termination nor doesn't matter if it was oral or not, just that it was month to month.

Your mother has to deliver the notice to him, preferably with witnesses who are prepared to testify in court as to the notice if necessary.

And she should be prepared to call the police immediately if hostility escalates and get an order of protection if he gets violent. An order of protection will get him out of the house a lot faster than the termination notice. Of course, so will an arrest, if he assaults her.

If he hasn't left at the end of the notice period she's going to have to file for eviction which will eventually result in the sheriff putting him out physically if he remains recalcitrant.

Give us the name of the state and we can direct you to more information.

 

[v2630]

Oof, I cant believe I forgot that when it tells you to put in there before you even start typing.
Texas.

 

[adjusterjack]

Texas termination statute:

https://law.justia.com/codes/texas/2017/property-code/title-8/chapter-91/

Texas eviction statute:

https://law.justia.com/codes/texas/2017/property-code/title-4/chapter-24/

Texas protective orders (if necessary):

https://law.justia.com/codes/texas/2017/family-code/title-4/subtitle-b/