Legal Question in Real Estate Law in Texas
Tenants and Verbal Agreements
A relative is living in a mobile home that I own. The relative lives in the mobile home rent-free. The prior agreement we made before the relative moved into the mobile home was that that person would pay all insurance and taxes on the mobile home in exchange for living in the home. This agreement was laid out in a hand-written letter written by the person living in the home. Now, this person has moved into the home and is refusing to pay insurance and refuses to pay property taxes on the home. I would very much like to evict this person for violating what was essentially a verbal agreement for the person to pay the insurance and taxes on the home; however, before I see an attorney I would like to know if a verbal agreement of this type is legal in Texas?
1 Answer from Attorneys
Contract, contract, is there a contract
The hand written letter you refer to -- is it signed by the party living in the mobile home? if so it is a written contact and enforceable.
Even an oral contract to lease in enforceable if it is for a year or less -- or for an indefinite time.
If there is no contract, then the person is a trespasser and can be evicted.
So it looks to me like if you sue you can either evict the person or get the items paid as agreed. ONe result that will not happen is that the person gets to stay there free, unless you've left something out.
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