verabl lease problem

[timbo]

I have a verbal lease with the tenant which explains when rent is to paid how the grounds must be maintained and that If things don't work out that he is out. We'll he has used up his one months rent and he is 6 days late. Two weeks ago he told me that he would be moving out when the first months rent was exhausted. We contacted the sheriff and he told us that their is nothing he can do until we see the judge for an eviction notice. The tenant is smoking in the house which he wasn't suppose too. and he is basically trashing the house & grounds. what is the quickest way to get him out before it's too late .. I always figured that since he doesn't have a hand written lease that says this is his place I was better off...

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by timbo:
I have a verbal lease with the tenant which explains when rent is to paid how the grounds must be maintained and that If things don't work out that he is out. We'll he has used up his one months rent and he is 6 days late. Two weeks ago he told me that he would be moving out when the first months rent was exhausted. We contacted the sheriff and he told us that their is nothing he can do until we see the judge for an eviction notice. The tenant is smoking in the house which he wasn't suppose too. and he is basically trashing the house & grounds. what is the quickest way to get him out before it's too late .. I always figured that since he doesn't have a hand written lease that says this is his place I was better off...<HR></BLOCKQUOTE>

You have outsmarted yourself because a written lease agreement would have protected you more in this situation. Whatever your State dictates as the type of tenancy when there is no written lease may cause problems. Especially if your state law requires that if there is no written lease agreement the tenancy is automatically month to month. This is a civil matter so the tenant does not have to do anything until the court date. You must serve him papers that states the court date. Since you do not have anything in writing, you have no written evidence of what was agreed to by you and the tenant. It is your word against the tenants'. What if the tenant shows up and tells the judge that you verbally agreed to give him free rent for a month, allow him to pay rent 15 days late and let him smoke in the home? Does a written lease agreement now sound like a good idea?

 

[Tracey]

Start eviction proceedings against T by giving him proper notice to pay rent or quit. "Proper" depends on your state law. Then proceed with the eviction. It will take 2-10 weeks to evict T. In most states, you are entitled to the market rent if there's no written lease. Also, the amount he's paid in the past is evidence of the rental rate.

In future, use a written lease, even if you only make it a month to month lease. That way you can set out the terms & rules.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.