I need to get a court order to evict a tenant thats not paying rent. He won't leave on his own and owes us 2 months of rent. Is it going to be difficult if we just had a verbal agreement and not a signed lease?
2006-07-22 06:15:16 · 8 answers · asked by Izzy 5 in Business & Finance ➔ Renting & Real Estate
It depends on what state you are in, but most verbal contracts in this category are upheld in court. It also depends on the reason for eviction.
My advice is to put everyone on a lease. You can do a month-to-month, 3 month, 6 month, 1 year, or whatever suits your needs. This will clearly define the rules and makes for less headaches in the long run. Also, run a credit history on them, and check with past landlords to ensure the credibility of the prospective renter. Some states even allow visits to their current home so you can see what condition they keep it in (but if you do this, you have to do it to all of your potential renters to avoid discrimination lawsuits).
Good luck!
2006-07-22 06:25:18 · answer #1 · answered by ? 5 · 2⤊ 0⤋
It will actually be quite the struggle because you have no proof of what his rent is or whether or not he actually paid you anything. A lease would have stated what the rent was so now all he would have to do is cut you a $200 check and say that you agreed on $100 a month. A lease also would have stated how long he had before eviction. All he has to say is that you verbally agreed that he would have to be 90 days late and then have 30 days to get out. This is why you always write up a lease.
2006-07-22 13:22:24 · answer #2 · answered by Lady_D 3 · 0⤊ 0⤋
since they two months behind it shouldnt be a problem ... No court expects a person to live rent free lease or no lease .
When you rerent this place a good lease will protect you from lots of things... Have a due date for rent and a past due fee... when they are late give them a notice that says they have ? days to pay up or move out before you start eviction proceeding. Heck with a lease you can even state how many people can live there, who takes care of the yard (if its a house) .. and you can even have rules like no junk in the yard, no noise after a certain time... when you have a lease you have the control ... Most office supply stores have blank lease forms that you can look at to see which one fits you or im sure if you did a search you could find them online too... Good luck
2006-07-22 13:37:55 · answer #3 · answered by monie99701 4 · 0⤊ 0⤋
In this day and time, the good old boy handshake is not enough. Always have a lease agreement to protect your assets. Although, with an agreement, you still have to go through the proper legal proceedings in your state to get them evicted. You cannot just throw their stuff out and change the locks unfortunately. Sorry for your luck, what a deadbeat.
2006-07-23 15:11:16 · answer #4 · answered by peach 4 · 0⤊ 0⤋
Yes it is but once in court the judge will order him to leave but be prepared it cost alot of money to get it going.I'm in the same boat with My Brother but Thank God I'm Selling My House & he has to leave cause New Owners are moving in soon otherwise I'd be doing the same thing never rent to family or friends for that matter they think they can walk all over you.
2006-07-22 13:20:44 · answer #5 · answered by sugarbdp1 6 · 0⤊ 0⤋
You can put the eviction into writing, have it sent certified, or registered. Then, they still have 30 - 60 days to vacate..
Take it to Judge Judy's Court, or Peoples Court, or Judge Joe Brown's Court!! The lady's will nail him, and scold you.. Judge Joe Brown.. he's sensible..
Truthfully, good luck.
2006-07-22 13:50:22 · answer #6 · answered by sassy 6 · 0⤊ 0⤋
Yes. He could easily say you said he could live there for free as a favor. Or he could say he paid in cash and you verbally agreed cash was fine. Either way GL
2006-07-22 13:19:41 · answer #7 · answered by Mommy Ong 2 · 0⤊ 0⤋
It all depends on the law in our state.Did you google laws in your state?
2006-07-22 13:19:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋