Verbal lease

Verbal lease

Cherry Hill, NJ · Member since 2013 · 4 posts · 0 votes

I'm the acting landlord of my Dad's house. We have two tenants that have been living with us for a few months. Where as Dad is loosey goosey I am stern. Anytime they disagree with me they go over my head to him.

The agreement was they would move in, pay $120 ( a pittance) a month, provide their own food and stuff. Things were ok, and we started sharing things until everything started getting devoured. So back to plan A. Then they asked dad if they could have their 12 year old cat live here. He said yes. I didn't want it., When they lost their jobs they started using my cats food without asking. Now that I've stood my ground and hidden my cats stuff, they are threatening legal action.

Can they do that? and will it hold up in court?

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Dawn AnastasiPro Member
Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
13y

Here's a "Tweetable":

Verbal leases are not worth the paper they're written on.

See this reply in the discussion

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y

    If I were you, I'd move. You're not "acting" anything. You have roommates which apparently you didn't choose and don't get along with. Or offer dad the $120 a month they're paying and get rid of them.

    Can they threaten legal action? Sure. They can even sue you. Anyone can sue anyone else for anything. Can they win in court? Who knows. "Your honor, the defendant hid his cat food and left our cats starving, make him feed them." Seems unlikely.

  • Cherry Hill, NJ · Member since 2013 · 4 posts · 0 votes
    13y

    I've decided to grow some balls. consulted the states laws. wrote a new lease which will be signed at the table with them, dad and myself. We are moving in fact. our house is being forclosed... lord knows how long though

  • Dawn AnastasiPro Member
    Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
    13y

    Here's a "Tweetable":

    Verbal leases are not worth the paper they're written on.

  • Cherry Hill, NJ · Member since 2013 · 4 posts · 0 votes
    13y

    Whatever. my house is being foreclosed on anyway. they'll be homeless soon anyway. i just dont understand why theyre fighting to stay somewhere they arent wanted

  • Member since 2011 · 798 posts · 216 votes
    13y
    Originally posted by Teddy Frey:
    Whatever. my house is being foreclosed on anyway. they'll be homeless soon anyway. i just dont understand why theyre fighting to stay somewhere they arent wanted

    Why let someone move in for $120 a month?

    How much rent a month would you need to not get foreclosed on?

    Could you find roommates who would pay $400-500 each?

    Either way, if you're only putting away your cat's stuff, what are they going to sue for there? I would say that either dad or you needs to be the "real" landlord-- the tenants will never respect your word as the final say if your dad's the landlord.

    I would be careful with letting them sign leases knowing you're being foreclosed on. I wouldn't want them to try to sue for having paid rent when there's no house.

    Sorry to hear you're being foreclosed on. Hope you find somewhere else to live.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    13y

    I knew Jon K would have good stuff, if you have received a notice of foreclosure you'll be in violation by encumbering the property with any lease agreement. If you had done a lease before notice, you might have allowed them to stay in up to 6 months.

    All agreements in RE must comply to the statute of frauds, that all agreements be in writing to be enforced. Month to month roommates need to be evicted if you can't convince them to leave.

    As Jon H mentioned above, suit is not likely, but they certainly can, one issue is not paying the mortgage, having their home foreclosed upon and not being entitle to due process of the eviction process. They will be incurring a financial loss due to the foreclosure. But don't worry about it, IMO. Good luck. :)

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    13y
    Originally posted by Bill Gulley:
    if you have received a notice of foreclosure you'll be in violation by encumbering the property with any lease agreement.
    Originally posted by Dawn A.:
    Here's a "Tweetable":
    Verbal leases are not worth the paper they're written on.

    Sorry to have to correct you Dawn but actual a verbal lease is worth the paper it is written on - LOL

  • Cherry Hill, NJ · Member since 2013 · 4 posts · 0 votes
    13y

    its all taken care of.

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