Can I be kicked out of a house that I’m renting with no notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be kicked out of a house that I’m renting with no notice?
I live in my uncle’s house where I pay rent and utilities but we have no lease agreement. I pay him and he signs a receipt showing that he received payment. He is threatening to kick me out if I don’t get along with his girlfriend. Can he do that?
Asked on May 9, 2012 under Real Estate Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Although you don't have a lease, the fact that you are paying rent and the payments are being accepted by your uncle establishes a landlord / tenant relationship. Although there isn't a formal lease, you have a month-to-month tenancy due to your payment of rent and your uncle the landlord accepting payment. A month-to-month tenancy requires thirty days notice before you can be evicted. There are exceptions to that notice requirement such as failure to pay rent.
If you don't get along with your uncle's girlfriend and are evicted for that reason, you may be able to argue that this is retaliatory eviction. Retaliatory eviction means landlord is retaliating against you by evicting you for something that is not a breach of the lease. There may be an issue in your situation whether retaliatory eviction is applicable since you don't have a formal lease. You may be able to argue that although you don't have a formal lease, as a renter you should still be subject to the protection offered by retaliatory eviction.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.