I have a question about tenant evictions?

Question

I need to get back rent but this was my friends kid and I thought I could trust them. But I was stupid and did not make them sign a lease do I have a case at all. The agreement was for the rent to be paid the fifth of every month. I know live and learn the only thing I have is the three day eviction notice copy. I guess I am lucky they are out of the house period.

Answer 1

You need to check with the local realtor's association and see what you can do.  You may also need to contact a lawyer after that.

Answer 2

Yes, you can sue them as you had an oral month to month lease

BUT, what are your chances of collection?  Are they employed?

Maybe try something short of going to court, which costs you court fees, which here are substantial.....

Get an attorney to write a demand letter.  Shop around, can probably get one to write this fairly cheaply, with follow up letter.  Demand back rent owed, give time period to pay it. . . .or set up payment plan for them, so much every week until paid.

Go to collection agency. . .they want some proof of debt. . . pity about the lease. . . sketch it out for them and see if they'll harrass them for you--for a cut of course

Answer 3

   As a fellow landlord who has had his share of deadbeat tenants, I can sympathize with you. If you've ever heard the expression "you can't get blood out of a turnip", I believe it applies here. The only way you may eventually get your money is if your friend puts enough pressure on his kid to pay up. In most cases taking the individual to court will cost you more than what it is worth. I try to keep a policy of never renting to family or friends. The two types of relationship with one person are not compatible.

Answer 4

He never agreed to pay you, so you have nothing to enforce.

The Uniform Commercial Code requires some agreements to be in writing, including any contract involving real estate, like a lease.  No written lease means no lease at all so no contractual obligation.

Sorry.  Be glad he's out.  

I will add some personal advice from being in a similar situation.  If your friend won't make good on this, then you also learned something about your so called friend.  Learning this now, may be worth the financial loss.

Answer 5

You can legally file suit for back rent in court and attempt to collect that way.  Debts are gone just because the person has moved out.