Legal Question in Civil Rights Law in Texas

Contracts concerning real estate need to be in writing. If he made a rent payment to you by check or in another demonstrable manner, then that payment might possibly be sufficient to show what your agreement was and help you get around the requirement of a written agreement.

You shouldn't hold furniture in excess of the value of what he owes you and, if you don't want it, you shouldn't keep it to spite him. Also, if you hold his furniture and are unable to legally prove that he owes you rent, then you could be found liable for conversion damages (the value of his furniture and possibly puntive damages). Nonetheless, if he can't afford to pay rent, how will he be able to pay an attorney?

You might have more peace of mind if you just call him and arrange a time for him to come get his furniture. The next time you let someone move in, get that person to sign a sublease.