He Broke our Verbal Lease

[Marci Anderson]

What is the name of your state? Minnesota

When I bought a house I made a verbal agreement with a friend that he would rent for 1 year at a minimum. He told other individuals about this verbal agreement. After 5 months he not only decided to move out (after acknowledging to myself and my significant other that he knew he made a verbal commitment) and gave 1 month notice. He not only broke that agreement, but his last rent check he stopped payment on. Would I have a case against him for him leaving the lease early in Minnesota small claims court? If so, would I sue him for the full amount of rent due for the last 7 months? Any help would be appreciated.What is the name of your state?

 

[Zigner]

Absent a written lease, you have a month-to-month tenant. You *may* be able to recover the last month on which he placed a stop-payment...but we'd need more details in order to give an opinion on that.

 

[Marci Anderson]

More Information

You said because we did not have a written agreement it didn't count. Does that also apply since there is a witness that the renter actually told he had agreed to 1 year? The witness does not live in our house and would not benefit from the renter having to pay. Also you asked for more information on the stopped check. Our renter gave us in writing notice that he would leave at the end of the month. He also payed by check (normal) and then moved out 3 days later. Approx 1 week later we got his stopped check back in the mail. We do have his move out date in writing from him. Thank you again!

 

[Silverplum]

You said because we did not have a written agreement it didn't count. Does that also apply since there is a witness that the renter actually told he had agreed to 1 year? The witness does not live in our house and would not benefit from the renter having to pay. Also you asked for more information on the stopped check. Our renter gave us in writing notice that he would leave at the end of the month. He also payed by check (normal) and then moved out 3 days later. Approx 1 week later we got his stopped check back in the mail. We do have his move out date in writing from him. Thank you again!

Verbal agreements are worthless. Chalk it up to lesson learned and move on. What you might spend going after him will likely equal or surpass the missing rent.

 

[Zigner]

Our renter gave us in writing notice that he would leave at the end of the month. He also payed by check (normal) and then moved out 3 days later. Approx 1 week later we got his stopped check back in the mail. We do have his move out date in writing from him. Thank you again!

You probably have cause to receive the final month's rent - would be a small claims action.

 

[ForFun]

What is the name of your state? Minnesota

When I bought a house I made a verbal agreement with a friend that he would rent for 1 year at a minimum. He told other individuals about this verbal agreement. After 5 months he not only decided to move out (after acknowledging to myself and my significant other that he knew he made a verbal commitment) and gave 1 month notice. He not only broke that agreement, but his last rent check he stopped payment on. Would I have a case against him for him leaving the lease early in Minnesota small claims court? If so, would I sue him for the full amount of rent due for the last 7 months? Any help would be appreciated.What is the name of your state?

You ask two questions: (1) Is an oral lease enforceable, and (2) what are your remedies for a stopped check?

(1) Oral leases that are for a period of 1 year or less are enforceable in MN. See Minn.Stat. § 513.05 (Every contract for the leasing for a longer period than one year...shall be void unless the contract...is in writing).

If you had indefinite terms, however, that could be a problem. You wrote: "I made a verbal agreement with a friend that he would rent for 1 year at a minimum." Does that mean that there was no definite lease period, or does that mean that he agreed to lease the house for 1 year, and then possibly again for future years? If it's the latter, you're okay.

Interestingly, in Minnesota, it appears that landlords are under no obligation to mitigate damages after a tenant abandons leased premises. See Gruman v. Investors Diversified Services, Inc., 247 Minn. 502, 78 N.W.2d 377 (1956); Poboisk v. Colon, 292 Minn. 451, 195 N.W.2d 431 (1972); Control Data Corporation v. Metro Office Parks Co., 208 N.W.2d 738, 296 Minn. 302 (Minn., 1973).

(2) Assuming your tenant had no valid reason to stop payment, you can successfully sue him for the amount of the check, plus costs. You will only need to prove that you are the payee written on the check. Proving that there was a lease, or that such lease was breached is not necessary. See Minn.Stat. §§ 336.3-414, 336.3-305, 336.3-110.