Texas Tenants Rights in Verbal Lease Agreements
In Texas, the landlord-tenant relationship is administered under a number of statutes and court decisions. The lease agreement, whether oral or written, establishes the relationship between you and your landlord. Texas law does not require written leases, and there are a good many landlords who don't use them. When disputes arise it can be difficult to establish exactly what was in an oral lease. However, you are entitled to certain basic rights as a tenant regardless of whether you have a written or verbal lease.
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General Provisions
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A written lease typically lasts for a certain amount of time. A lease for six months or a year are common. During this time you are obligated to pay rent whether you occupy the unit or not. In addition, changes cannot be made to the lease without the consent of both parties, and consent can be given either verbally or in writing. In the absence of a writing that establishes a length of the lease, Texas courts tend to rule that verbal leases are either month to month or week to week, depending on how frequently the tenant pays rent. Month to month verbal leases have different notification requirements than written leases for termination and changes or amendments.
Notification
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When you don't have a written lease, your term is usually determined by the frequency at which you pay rent. Month to month leases continue until either you or the landlord provides a notice of termination. Typically 30 days notice is required. While a termination notice would preferably be delivered in writing, verbal notice is also allowed by law. This differs from a written lease that clearly outlines how much notice should be given before termination. A written lease typically requires either 30 or 60 days written notice.
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Quiet Enjoyment
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"Quiet Enjoyment" is a legal concept that means you have the right not to be evicted without cause, and to otherwise enjoy peace and quiet in your rented space. The right of quiet enjoyment also includes ensuring that you are not disturbed by your neighbor's unlawful activities. In addition, the doctrine of quiet enjoyments protects you from having your utilities disrupted by your landlord. Only in the event of bona fide repair, construction or emergency can your landlord shut off your utilities.
Security
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Generally speaking, the space you rent should be equipped with basic safety provisions, such as locking doors and windows. Door locks include deadbolts and sliding door handle latches. Door viewers (aka door peepholes) on exterior doors are also required by Texas law. If any of these are defective, your landlord should fix them at their expense upon request.
In Case of Dispute
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Disputes between landlords and tenants happen quite often. However, you can avoid disputes by knowing your legal rights, especially when there is no documentation that records your agreement. It can be difficult to prove what terms are included in a verbal lease. Therefore, if you have a dispute with your landlord and you don't have a written lease agreement, then consult and attorney right away so they can advise you on how Texas law applies to your situation.
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