How to "break" a verbal rental agreement. (legally)

[NTT]

You know, this is a very interesting and educational discussion. Thanks all for the learnings.

[slewis1234]

my landlord gave me a 30 day notice to move then told me i could stay a couple of days before after the 30 day notice she filed to have me evicted. can she really evict me after telling me verbally i could continue to live there

[slewis1234]

my landlord sent me a 60 day notice to move, 30days later however she verbally told me that i could continue to live in in her apartment building.now she has started a eviction process against me .Do i have legal ground to stay because she told me i could continue to live there

[oceangaia]

She has proof that she gave you notice to move. Do you have proof that she said you could stay? The only truth in the legal system is what you can prove.

[TRC1961]

Can you tell me what needs to be included in the 30 day notice of eviction? Or is there a site I may visit for a standard form letter?

[MalteseYorkie]

Originally Posted by TRC1961

Can you tell me what needs to be included in the 30 day notice of eviction? Or is there a site I may visit for a standard form letter?

The first step in the eviction process is serving your tenants with proper notice. A notice to the tenant simply establishes a specific action that must be taken by the tenant and the date by which it must be done. The Texas Notice to Vacate can be used by landlords to inform tenants that the leasehas ended and that they must vacate the premises by the move-out date. If the tenant complies with the notice, that’s great news – you don’t need to evict the tenant! However if you have served your tenant with an appropriate notice and it has not been complied with, you can file a complaint with the court to remove the tenants and regain possession of your property. If you win the lawsuit, the court will issue a Writ of Possession which informs the tenant they must leave or they will be forcibly removed by the sheriff. This is when the actual eviction occurs.

The notice to vacate shall be given in person or by mail at the premises in question. Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice to vacate on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door.

The notice period is calculated from the day on which the notice is delivered.



The Texas Notice to Vacate Form must contain the date on which the Notice to Vacate is given, and the time frame in which the rental property should become vacant. Specific details must be clearly stated on the notice, so the other party has reasonable awareness about their responsibilities. Here are some of the basic details that should be included in a Texas Notice to Vacate:

• Name of tenant and other persons who need to vacate the property
• Address of rental property in Texas
• Reason for lease termination
• Number of days until the property is vacant
• Signature of person giving Notice to Vacate
• Date that Notice to Vacate is given

If before the notice to vacate is given as required by this section the landlord has given a written notice or reminder to the tenant that rent is due and unpaid, the landlord may include in the notice to vacate required by this section a demand that the tenant pay the delinquent rent or vacate the premises by the date and time stated in the notice. Section 24.005, Texas Property Code.