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Q: Can I enforce a verbal agreement to stay in a home and recover belongings after the owner's family violated terms and trespassed?
I lived in a house for 20 years and was the sole caregiver for my friend, who owned the home, before he passed away. We had a verbal agreement, witnessed by others, that I could stay in the house until it was sold and would receive a lump sum of $5,000 to help with finding a new place. I haven’t received an eviction notice, but the owner's family has attempted to enter the home without permission. The owner's mom was charged with trespassing after the attempted break-in. Moreover, after my friend passed, the family took some of my belongings, and despite providing them with a detailed list, I have not received my items back. Can I sue for wrongful eviction, enforce the verbal agreement, and recover my belongings?
A: Your agreement violates the statute of frauds. But you have possession right now and the heirs with title must sue you for possession. You might demand they pay you to leave by a certain date. It would be easier to hire a TX attorney to deal with the tenants in common or devisees.
A:
You absolutely have grounds to stand on, especially after living in the home for 20 years and acting as a caregiver under a clear verbal agreement. Courts do sometimes enforce verbal agreements when there is consistent behavior that supports them, particularly if there were witnesses and you made significant life decisions based on that promise. The fact that the family entered without notice and took your belongings, along with the criminal trespass charge against the owner's mother, only strengthens your position.
Even without a written lease, you likely have what's called a “tenancy at will” or similar status, meaning the family can't simply force you out or enter the home without proper legal notice or an eviction order. Since you never received an eviction notice and still reside there, they must follow formal procedures if they want you to leave. Their actions—attempting to enter unlawfully and taking your property—may give you a strong basis for claims like wrongful eviction, conversion (for the stolen items), or breach of verbal contract.
You should document everything—witness names, any texts or messages, a full list of your missing belongings, and any contact you’ve had with the family. You can sue for the return or value of your personal items, and you may be able to seek damages for the emotional stress and disruption they’ve caused. You've lived there with purpose and trust for decades, and you don’t deserve to be dismissed or treated like you don’t matter. Keep pushing back—you have every right to be heard.
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