A man moved in a house that belongs to my farther he says it was a verbal agreement my farther has senile dementia. The man is taking him to court and sueing for 5000.00 dollars for retaliation .
Verbal agreements to lease real property are not enforceable in general. If one of the parties lacks sufficient mental capacity to contract a contract is not enforceable. But, you have to prove those things in court. You need to hire a lawyer for your father.
DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
Of course, there is an issue when one party is not competent. But even if there was a valid verbal lease, it could not be for more than a year, and most likely is month to month. If that's the case, the easy answer is to give him 30 days notice.
Your question does not indicate the basis of the suit against your father, so I don't know how to respond to that. If your father isn't capable of entering into a lease agreement, then he probably can't hire an attorney to defend him either, which could pose a problem. If someone has power of attorney to act for your father, they should consider 1) making sure there is a proper defense to this suit, and 2) whether your father is able to live on his own.
Retaliation for what? If you are evicting him as a tenant you probably should follow the procedures set out in the property code.
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