Is notice required for a tenancy-at-will lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is notice required for a tenancy-at-will lease?
I currently live with my boyfriend and have been living there paying rent for 3 years. Recently, things have been very tense between us and in the heat of an argument threatened to lock me out and deny me access to my belongings or give me only 24 hrs to vacate. What are my rights in this scenario? We do not have a lease agreement, but the address is listed on my drivers license and I do receive my mail there.
Asked on June 28, 2011 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, tenancy at will is actually month to month tenancy, requiring 30 days notice--especially when, as you state, there is no written lease, but only an oral or verbal agreement or lease. So you would need to get a month's notice; and also, he may *not* lock you out himself, but instead would have to evict you properly through the courts. Furthermore, you always have the right to take your personal property.
Furthermore, the above assumes that your boyfriend leases from the landlord (or owns the home) and you have been leasing from him. If you and your boyfriend are both tenants of some third party, then your boyfriend, as a co-tenant, may not evict you; only the actual landlord could.
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.