I own my house and rent out the rooms to friends on the verbal agreement that they will pay me rent every month and pay for anything they break or destroy, also that they give me timly notice when they want to move out. My roommate just gave me 2 hours notice that he was leaving and that he was not going to pay to fix anything or pay any rent for the month. I want to take him to small claims court for the damage and the rent do I have a case?
2007-05-06 16:59:23 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, you can take him to court. You may have some difficulty proving the content of the verbal agreement.
Consult a lawyer.
2007-05-06 17:09:05 · answer #1 · answered by Mark 7 · 1⤊ 0⤋
Yes you do. If you both agreed and had a mutual understanding that he would pay you rent, then you have a contract. Not all contracts have to be in writing. And, if he destroys property, he has to either replace it or pay for the damage. Write a letter to him first demanding exactly how much money you want, and send it registered with a signature required. Then you can show the judge that you demanded the money and he refuses to pay.
2007-05-06 17:08:06 · answer #2 · answered by puppyfred 4 · 0⤊ 0⤋
Nothing in writing, no way to prove what the agreement was.
It will be a "he said, I said" kind of fight.
You say he only gave you two hours notice. He can say he told you the month before. You say he agreed to pay for damages, he will say he did not and that you did not ask for a deposit. The advantage is all theirs.
Chalk it up to a painful lesson and next time get something in writing before they move in and make them pay a security deposit.
2007-05-06 17:54:15 · answer #3 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
Yes you can. The court understands that people make verbal agreements all the time. If you have witnesses (who are willing to go to the trial and testify) that makes things more convincing. Bring all your receipts (from the vet and utilities). Also, bring something that would indicate when he moved in and moved out.
2016-04-01 00:11:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on the state you're in and the number of months he's been there. Some states all housing leases must be written to be legal. Others it only needs be written if the lease is going to be used for more then X number of months.
2007-05-06 17:10:39 · answer #5 · answered by caffeyw 5 · 0⤊ 0⤋
verbal agreements are tricky! are their any witnesses? do you have proof of deposit for the months he did pay for (to establish residency) for the same reason, does his mail come there or PO box? can you prove that what is broken was done by him (witnesses?)
see what I mean?
Good Luck!
PS you may want to work some sort of surety arrangement into future agreements just in case!
2007-05-06 17:13:37 · answer #6 · answered by UPbeachbuggy 3 · 0⤊ 0⤋
Might be worthwhile to learn here, and move on. Time and money. Get them to sign something.
Verbal agreements don't fly in court. Written agreements do.
2007-05-06 17:07:33 · answer #7 · answered by Chef 1 · 2⤊ 1⤋
if you're taking him to court, it's your burden to prove the agreement. if it's not in writing, it'll be difficult to prove. that's why it's always important to get things in writing... it's business, it's not personal. even if it's between friends.
2007-05-06 17:10:51 · answer #8 · answered by James 4 · 0⤊ 0⤋