Renting Questions

[justastick]

What is the name of your state (only U.S. law)? TX

I own my own home. Three months ago rented a room to a friend. He agreed to sign a rental agreement & agreed to pay the agreed upon amount. Three months later & he has still not signed the rental agreement or paid rent. (Yes I know I'm stupid for letting him stay).

With no agreement would he be considered a tenant or boarder?
Would his verbal agreement to pay rent be considered the same as a written agreement in court?
Do I have any legal rights in regards to obtain back rent? Can I give him notice to vacate within 24 hrs? Can I involve the police to evict him it he dosen't go?

With a signed agreement how long by law do I have to give him to vacate?

 

[MIRAKALES]

The general rule (non-state specific) is that occupants become tenants after thirty (30) days in most states. This is a general rule.
It would be difficult (if not impossible) to collect rent without a signed written agreement or at least one rent payment to show agreement to pay. The verbal agreement to make rent payments would be enforceable IF it can be proven (witnesses, actions, history, etc.) However, the cost of occupancy would be a legal remedy to compensate for the occupancy expenses (food, utilities, resources, etc.)
The police will most likely advise that roommate is not a guest but a tenant with legal rights to occupancy. It will be more difficult to contest tenancy if the roommate has established a mailing address at the location. If the intent is to evict it is best to issue a thirty (30) day written notice to vacate… if you believe tenant will vacate voluntarily. Consult with a dedicated eviction attorney if the notice to vacate may be protested.

 

[ecmst12]

Even though he didn't sign the lease, there was a verbal agreement making him a tenant. Serve him a 3 day pay or quit (or whatever your state requires for non payment eviction) and the proceed with eviction if he doesn't pay or move.