CanI evict someone from a rental property if no lease was signed but a spoken agreement was made?

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CanI evict someone from a rental property if no lease was signed but a spoken agreement was made?

Asked on January 25, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you have a spoken agreement for the lease of real property (oral agreement) as opposed to a written and signed agreement, you can evict the tenant if circumstances warrant under the laws of your state.

To do so, the notice to end a lease is typically a 30 days notice. Under the laws of most states in this country, an oral agreement to lease property is presumed to be a month-to-month lease.

Given the situation you are writing about, it may be a good idea to consult with a landlord tenant attorney before you begin the eviction process against the tenant that you have an oral lease with.


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