if you have a verbal agreement with someone and not a written agreement is it a binding agreement?

Question

i have had two so called friends staying at my house for the past nearly 4 yrs they agreed to pay $100 a week rent and now they are sneaking around behind our backs and moving out i told them they still owe me the yrs rent that they never paid me i am wondering if they are liable since there was a verbal agreement

Answer 1

It IS binding, but you have to be able to prove that you agreed on it. If at any point they were actually making any regular $100 payments, and you have proof of it (like if they wrote you a check for $100 ten weeks in a row etc) then you've got proof. If you don't have a way to prove the agreement, then don't bother going to court.

Answer 2

Verbal agreements are binding. The problem with them is that the terms are not set down anywhere and there is no record of the agreement, except in the minds of the people who made it. If someone wants to lie about it, they could probably get away with it (though they'd better be good liars--judges will try to trip up the parties' testimony if they can't agree on the basics of what happened). Also, if someone doesn't remember the terms of the agreement, this causes misunderstandings that the court may have trouble sorting out.

Answer 3

Verbal contracts are binding, they are just hard to enforce. It would help if you had independent witnesses to the agreement. Also, if you have evidence that they paid rent for part of the time it would help.

Since you don't have a written lease it is by definition a month to month lease. The only rent they would owe was any rent not paid and up to the date the move out if they gave proper notice (20 - 30 days). If they did not give proper notice you can charge them until the next rent period.

You can take them to small claims court if you think you have a case. The worst thing that could happen is that you loose.

Answer 4

Verbal agreements are still contracts. You can take them to small claims if they do not pay you. You will then have to prove your case to the judge. Better if you have any other witness to the verbal contract that you entered into with them.

Also, if they have at any point paid you anything, you can show that payment as proof that they were to pay and did not continue to pay.

Sorry that they have done this to you... You really learn who your real friends are.

Answer 5

Verbal is binding but do you have any receipts where they ever paid you? Did anyone else hear this verbal agreement? It may boil down to he said she said. By all means take them to small claims court. Do you really consider them friends after they used you this way.

Answer 6

Judge Judy would make them pay. Take them to small claims court and let the judge decide,right now it looks like you have nothing to lose except the money if you do nothing.
Chances are that you will win in court,$400.00 is pretty cheap to live anywhere. Make sure you bring any cancelled checks ,or money order receipts,or anything in writing that you can prove that they lived there,including long distance phone bills that they probably made while staying with you.
You may even get awarded more money in small claims,if they used your laundry soap to wash their clothes,and water if they showered and bathed at your home. Food cost should also be included ,including any take out dinners that you spent extra because you were feeding their mouths.
Good luck !

Answer 7

A verbal agreement is binding. The problem is one of proof. It becomes your word against theirs, so that in legal proceedings (like a lawsuit), the problem is how do you prove what the agreement was.

Answer 8

Verbal agreements are binding, you just don't have the proof on paper that there ever was an agreement, so it's your word againest theirs.
Good Luck

Answer 9

Verbal agreements are legally binding.

However, if the parties give different stories of what was agreed to, it may be difficult to hold up in court.

Answer 10

Why would you let them get behind a whole YEAR? I hope you mean only 1 year! You can't do anything about it unfortunately, unless you can get them to say they owe you the money in writting. Tell them to at least write you an IOU, then take them to court after they move out.