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Wee have a rent house and an employee's I had lived in the…

Customer Question
Wee have a rent...

Wee have a rent house and an employee's I had lived in the house. There was never a contract but it was agreed on she would pay $600 A month rent. She had lived there for 4 years and never paid the $600 a month. She was told we were selling the house and she would have to move. This was all verbally. She is wanting an eviction letter now.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Texas

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There was never a written lease

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/21/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,474
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks for your patience. This sounds like you may need to begin the eviction process because this person was a tenant and you're the landlord. The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
I told her verbally and she has already moved out. She is wanting an eviction notice now.
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see. You'll need to provide her a written eviction notice. If not, then she could decide not to move out and you would have to take her to court to have her physically removed. The judge would ask you whether you provided written notice and if you didn't, the eviction won't stand. Thus, it is my strongest recommendation to send them a one-page eviction notice that is effective 30 days from now so you have a legal leg to stand on.'

Did you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
She \is already out
Customer reply replied 3 months ago
Given the keys back
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

I understand. Even if that is the case, you should still send it because if she decides to sue you for an unlawful eviction, and you don't have an eviction notice, then a judge could consider her moving out to be an unlawful "constructive" eviction (an eviction that didn't follow the required procedures). In all practicality, if she's moved out and has given the keys back, you could take the risk and just do nothing, but if you sent the notice, that would be wise.

Has she indicated why she wants a notice now?

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Customer reply replied 3 months ago
The daughter is the one asking for the notice and I asked her if it was to help her find another place and she said she wasn't sure
Customer reply replied 3 months ago
She wants it dated February 1st and I talked to her on the 19th I think
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see what you mean. So, although it may be wise, if she has already agreed to move out, an eviction notice may not be critical under these circumstances. What I would recommend saying to the daughter is that her mother voluntarily moved out of the premises and thus a written eviction notice is not needed here. The mother would have to sue and prove that she was "constructively" evicted and given the time and expense of a lawsuit, it's unlikely. So, I recommend being polite to the daughter, but I don't think an eviction notice would be appropriate here in my legal opinion.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
OK THANKS for your help
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

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