Is notice required for a tenancy-at-will lease?

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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 10 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.


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