Texas Lease Verbal With Witness - Posted by Michael M.

Posted by John Merchant on September 17, 2003 at 23:17:41:


Texas Lease Verbal With Witness - Posted by Michael M.

Posted by Michael M. on September 12, 2003 at 11:12:52:

I have a rent house that tennants have been leasing for the past 8 months, they have sent me a notice stating they are vacating the house end of septemeber. A verbal agreement with the tennants was made for a year with option to buy. A witness that is a friend of the tennants and ours was present at the time. A 12 month contract was faxed to them and delivered to them, however the contract was never signed and send back as this was a “friend of a friend deal” I was not to concerned. It is my understanding in the state of texas that any verbal,head non hand-shake to an agreement in the state of texas in real estate is binding, am I correct, what should I look for in recovering the rest of the rent.

Unwrittten “lease” NG - Posted by John Merchant

Posted by John Merchant on September 16, 2003 at 12:29:47:

Verbal is, as far as I know, NOT binding agreement for long term lease.

I sure stand to be corrected, but I’ll be surprised to find such a critter to be legally binding anywhere.

Suggest you move on, and next time get it in writing, on standard TX lease form, signed, notarized* and witnessed.

  • in some states (e.g. WA) a lease for 12 months or longer has NO validity except as month to month rental, and can be terminated at will by either party. I bought a property in WA where the tenant smugly thought she had the right to a multi-year lease she’d conned an old woman into giving her…but since it was NOT notary acknowledged, WA law said it was NG. I gave tenant 30 notice & though she fussed and screamed about her rights, she apparently talked so some lawyer and soon moved.

If your state has such a requirement, you might WANT it un-notarized, so you can cancel it if and when you want.