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Can a landlord sue u for rent without a lease?

Hereford, TX |

My landlord never wrote me a lease and is now asking for back rent saying I have 3 days to pay!

Attorney Answers 3


You have an oral lease, which is most likely enforceable (depending on a few things, like the length of the lease). If you lived in the landlord's property with the agreement to pay rent, and you breached that agreement by failing to pay rent, then you have breached the lease and are in default. Presuming the landlord gives you an eviction notice, if you are in breach of the lease for failure to pay rent- you can be evicted on 3 days notice. If you don't pay and he has to sue you, you will also be liable for his attorneys' fees and costs to have the constable/sheriff evict you. Do you really think you should get to steal the use of the property and not have to pay?

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David B Pittman

David B Pittman


Great answer!


It sounds like they are giving you a 3 day notice to cure. You have a verbal or month to month lease and are obligated to pay or you will get evicted.

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Yes. If you are living in the landlord's property and verbally agreed to pay rent, the landlord can sue you for not paying. You can also be evicted.

Please be advised that the information provided herein is for reference to interested persons only and is not intended to create an attorney-client privilege and/or communication. Any information provided herein should be not substituted for the services and/or advice of counsel.

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