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Updated over 6 years ago on . Most recent reply

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59
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Aaron W.
  • Denton, TX
6
Votes |
59
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Verbal agreements with tenant and tenant recording me - Texas

Aaron W.
  • Denton, TX
Posted

I am still dealing with my problem tenant and my tenant has recorded me stating she can stay in the house as long as she like as long as she does not damage my property and pays rent.  Now all of a sudden the lady is extremely rude.  One minute she is the nicest person imaginable the next minute she is evil.

I heard there is something called non forceablility of verbal agreements and I have also done some additional digging and am reading the following

verbal agreements are not acceptable or legal in real estate transactions. All real estate transactions must be in writing. ... Only offers made in writing and signed and accepted by both sellers and buyers are legal.  <--- This sentence implies in the sale of a house.

When I read upon this I run into statues of fraud

The "Statute of Frauds" Defense in Texas. Contracts, in many instances, do not have to be in writing to be legally binding. However, many states, including Texas, have a law known as the "statute of frauds" which requires that some contracts must be written to be valid.

So my understanding is for a real estate transaction to be valid it must be in writing even with a rental agreement so anything verbal is NOT binding and is just out of good faith.

Most Popular Reply

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4,335
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Greg H.
  • Broker/Flipper
  • Austin, TX
4,243
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4,335
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Greg H.
  • Broker/Flipper
  • Austin, TX
ModeratorReplied

A verbal lease, while frowned upon is permissible  in Texas.  However, stating "you can stay forever" is not a verbal lease as price/date rent due and the other terms of the lease are not discussed.  If she does not have a lease, she would be considered month to month and 30 day notice would be required to terminate

  • Greg H.
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