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No written lease - am I entitled to anything as a landlord?

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Jmeva

Junior Member
What is the name of your state (only U.S. law)? Virginia

In Februrary of 2009, I purchased my first home. I had two friends move in with me, who actually helped me "pick out" the house. They wanted to be very involved in my house hunting endeavors, since they planned to live there for quite some time. My initial plan was to purchase a smaller, two-three bedroom home for just myself and one roommate. After my second friend heard of my plans, he encouraged me to look for something larger so he could move in. Essentially, he begged me to find a place where he could move in with me - he was unhappy with his previous living conditions. I'm not trying to portray that he was the only reason I purchased my current home, but only point out one of the many things that I have done to go out of my way to help him.

I have been close friends with each of them for over a decade, knew of their good rental history and stable employment, so therefore I decided there was no need for a written lease or a deposit. We did have a verbal agreement with very limited "rules" - the main ones being a requirement of a 30 day notice and of course reimbursement of any damages that may occur to the property.

Two days ago one roommate let me know he had signed the lease to another place. I had no idea he had been looking for somewhere else to rent, and was given no indication that he was planning to move out. He gave me 1/2 of this month's rent and said he would be out by the 15th. Obviously, this was much less than a 30 day notice, and I'm pretty upset that he would do this behind my back without giving me so much respect as a warning. I have made a ridiculous amount of accomodations for him - taking care of his dog for weeks while he went out of town, making accomodations for the child he has partial custody over (changing my office to a play room, buying child safety items for the house), and I have never received so much as a finger of help from him with housework or lawncare (my other roommate, however, has always been extremely helpful).

During the duration of his time in my home, he and his dog have damaged quite a few things - for example, his dog has tore up my entire back door by digging at it, broken about a dozen sets of blinds, and ripped open two pleather chairs. She and another dog also attacked my dog a few months ago, which resulted in a $600.00 emergency vet bill. The owner of the one dog gave me $250.00 towards it, but my roommate offered nothing. My roommate broke an expensive hammock the day after I purchased it, drunkenly threw a hammer into my wall, has dug holes into my walls where he has moved furniture back and forth, and has also smoked in the house which was agreed not to be allowed. He has also repeatedly allowed the dogs on furniture that I purchased - against my wishes because I had hoped to keep them clean and in good condition. I would like to get reimbursement for some of the above, and have him pay for shampooing my almost-ruined furniture and the pretty-much-ruined carpet in his room.

After doing the math, all of the above would equal to about $700-800.00. I don't expect him to pay me that much, but I think I deserve some kind of payment for all of the damages to my home and my belongings, and also his break of the verbal notice agreement. I have witnesses to all of the above (our other roommate) who would also vouch for the verbal rental agreement.

I guess my question is - do I have ANY luck of getting any type of reimbursement here? Because of the situation, he's not exactly leaving on good terms and I don't expect him to agree with any type of payment. Would it be worth taking to small claim's court? And yes - I have learned my lesson. I will require a lease and deposit from here on out for anyone who moves in with me. Friendship doesn't equal reliability.
 


Who's Liable?

Senior Member
Are you the only signature on the lease? If so, you are the LL, and your friend is your tenant.

You have a month-to-month rental agreement with said tenant.

You are entitled to a minimum 30-days notice to vacate from said tenant ON OR BEFORE the next rental due date. Verify with your states LL/T laws as some stated deem 60-days depending on the length of time already spent.

You can deduct any and all damages resulting from any actions of said tenant.

You can sue for medical bills for your dog if it was attacked by another.

For additional advice, NEVER co-sign a loan for friends or family!
 

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