Can I be evicted if Ive already paid the rent for February, but it was a verbal lease not a written one?

UPDATED: Oct 1, 2022

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Can I be evicted if Ive already paid the rent for February, but it was a verbal lease not a written one?

I moved in with my brother sister-in-law in August
with a verbal agreement that I could stay one year
only have to pay her 100 a month the same she
charges her brother that also lives her. Well, she
has just sprung on my brother that she wants a
divorce told me she was going to have me evicted
this week she has not given me any formal notice to
vacate. I already paid her 200 in January for that
month this month. My question is, is can she still
file an eviction against me if my brother is also still
living here I already paid her for this month?

Asked on February 12, 2018 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) An oral lease ("oral," not "verbal," is the correct term, by the way) can only ever be month-to-month: that is, for a month at a time. There is no such thing as a one-year oral lease.
2) A month-to-month lease may, as the term implies, be terminated on a month's notice: that is, you can be required to leave on one month's--but NOT less--notice.
3) You cannot be required to leave during any month that they accepted rent for; they have to give you your month's notice subsequent to that.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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