Tenancy-at-Will Agreements -- Better for landlord or tenant? (apartment, lease, tenant rights)

[waspod]

​I am new to the Houston, TX area and have been looking at some private rooms to rent/sublease and some landlords/subleasors don't require signed leases from tenants (just for them to pay month-to-month). I assume this is a "tenancy-at-will" agreement and that is completely legal.

My questions:

1. What are the downsides to tenancy-at-will agreements?

2. What are the upsides to tenancy-at-will agreements?

3. Do tenants on tenancy-at-will agreements have the same exact rights as tenants who sign leases?

4. Do tenancy-at-will agreements allow tenants more flexibility in what they do while they live in the building?

I am actually planning on renting a private room in Houston and am not sure if renting on a tenancy-at-will agreement is better for me than having to sign an actual lease. Will a tenancy-at-will give me more freedom, more flexibility, and less restrictions with the same tenant rights as if a signed a written lease? Also, do I just write the landlord/subleasor a check with the property address and month on the check as payment? I just don't want to be giving up any rights or have any disadvantages as a tenant by renting on a tenancy-as-will agreement.

[MrRational]

Originally Posted by waspod

have been looking at some private rooms...

Don't confuse the needs of this sort of short term and limited access tenancy with an actual apartment
or the often overly officious documents you'll be asked to sign with what is appropriate for an actual apt.

[LLinVA]

You should always get something in writing, even if it just says that it is month-to-month. No lease just becomes a problem when issues arise. We used to do everything month-to-month, they still had the exact same lease, the term was just shorter.

The pros and cons of month-to-month are just that either party can leave at very short notice (usually at least 30 days). If you can't stand the landlord, you can leave. If he doesn't like you, he can end the lease.

Your rights are the same. The term is shorter and therefore you may not get as much notice for things such as rent going up or terminating the lease, but that depends on the lease and state law.

[oregonwoodsmoke]

A month to month agreement, the tenant can leave at any time with a proper written notice, usulaly 30 days. With a month to month, the landlord can kick the tenant out at any time with a proper written notice.

With a month to month, the landlord can raise the rent or change the terms of the tenancy at any time with a proper written notice, usually 30 days.

[FIREin2016]

A lease only protects the tenants, they can mostly move out at anytime, and only lose their security deposit. If they owed rent, you get next to nothing.

A landlord is held liable for the lease, and may have to buy hotel rooms if the tenant cannot use the apartment for the full lease.

A 14-page lease can be boiled down to "Don't be crazy", for both sides.

[NoMoreSnowForMe]

Texas landlords can write nearly any rules they want in leases, as a rule. Unless Houston has it's own landlord-tenant laws, like Austin does. My guess, is that you probably have it better without a written lease, which normally would then mean that whatever laws are on the books would govern your verbal contract, as opposed to a written lease that can have a bunch of rules that the basic laws would not require.

But, you need to find the landlord-tenant laws for Texas, and see if there are unique ones for Houston.

See if Nolo has a book that would answer your questions. I had their CA landlord book and loved it - they're easy to understand from my experience (Nolo Press books).

https://www.nolo.com/legal-encyclope...aws-texas.html