Pensive Properties LP v. Terry Barnhart and All Occupants
03-15-00463-CV
| Tex. App. | Oct 5, 2015Background
- Pensive Properties, LP (owned by Melinda Kaiser via recorded deed) sought possession of a 4‑plex unit occupied by Terry Barnhart after Barnhart refused to vacate.
- Barnhart occupied the unit pursuant to an oral, unwritten agreement with the prior owner, Jeff Blake, providing yard/maintenance work in exchange for free rent.
- Parties agree the occupancy term was indefinite (Barnhart could stay “as long as he wished” while performing maintenance); no written lease or deed reservation in Barnhart’s favor was produced.
- After Melinda Kaiser (current owner) found Barnhart’s work unsatisfactory and hired a lawn service, she served a 30‑day Notice of Intent to Terminate Occupancy and then a 3‑day notice to vacate under Tex. Prop. Code § 24.005. Barnhart refused to leave.
- The justice court awarded possession to the owner; on de novo trial in county court the owner was denied possession. Pensive appealed, arguing Barnhart’s asserted lifetime tenancy is actually a tenancy at will and terminable with proper notice.
Issues
| Issue | Plaintiff's Argument (Pensive) | Defendant's Argument (Barnhart) | Held |
|---|---|---|---|
| Whether an oral lifetime tenancy (tenant may stay "as long as he wished" in exchange for maintenance) creates a life estate or a tenancy at will | The oral arrangement created at most a tenancy at will because the term was indefinite; thus owner properly terminated tenancy with required notices | Barnhart claimed a lifetime tenancy (life estate) that would prevent termination by ordinary notice | Trial court denial of possession was erroneous; the arrangement is a tenancy at will terminable by owner with proper notice |
| Whether any claimed life estate is enforceable despite being unwritten | Any life‑estate claim fails because transfers of interests in land must satisfy the statute of frauds and be in writing | Barnhart offered no written conveyance; asserted oral grant of life tenancy | Life estate unenforceable without writing or statutory exception; oral life‑estate claim fails |
| Whether owner provided legally sufficient notice to terminate occupancy under Tex. Prop. Code §24.005 | Owner provided 30‑day intent to terminate and a 3‑day notice to vacate as required for month‑to‑month/tenant at will | Barnhart refused to vacate despite notices | Notices were proper; owner entitled to possession once tenant failed to vacate |
| Whether evidence supported title or ownership interest in Barnhart | No written deed reservation or other evidence of ownership was produced | Barnhart alleged ownership via lifetime tenancy but produced no written deed or conveyance | No evidence of ownership; record owner (Pensive) retains title and entitlement to possession |
Key Cases Cited
- Holcombe v. Lorino, 79 S.W.2d 307 (Tex. 1935) (a lease must be for a certain period or is a tenancy at will)
- Providence Land Servs. LLC v. Jones, 353 S.W.3d 538 (Tex. App. 2011) (applying rule that indefinite term renders lease terminable at will)
- Nitschke v. Doggett, 489 S.W.2d 335 (Tex. Civ. App. 1972) (leases for the life of the lessee are treated as tenancy at will because the term is uncertain)
- Effel v. Rosberg, 360 S.W.3d 626 (Tex. App. 2012) (owner entitled to possession where "lifetime" tenancy was terminable and owner properly notified under §24.005)
- Truitt v. Wilkinson, 379 S.W.2d 400 (Tex. Civ. App. 1964) (life estate must satisfy statute of frauds to be enforceable)
- Carley v. Carley, 705 S.W.2d 371 (Tex. App. 1986) (conveyances of freehold estates must be in writing)
- Norwood v. Childress, 250 S.W.2d 927 (Tex. Civ. App. 1952) (statute of frauds exceptions require clear proof of part performance such as payment, possession, and permanent improvements)