 Month to Month Not Signed (by PG [SC]) May 21, 2019 12:31 PM
 Month to Month Not Signed (by CGB [MI]) May 21, 2019 1:19 PM
Month to Month Not Signed (by Kim [TX]) May 21, 2019 2:03 PM
Month to Month Not Signed (by razorback_tim [AR]) May 21, 2019 3:33 PM
Month to Month Not Signed (by myob [GA]) May 21, 2019 3:52 PM
Month to Month Not Signed (by Moshe [CA]) May 21, 2019 4:03 PM
Month to Month Not Signed (by Doogie [KS]) May 21, 2019 7:10 PM
Month to Month Not Signed (by Robert J [CA]) May 21, 2019 8:43 PM
Month to Month Not Signed (by pg [SC]) May 21, 2019 11:25 PM
Month to Month Not Signed (by Vee [OH]) May 22, 2019 10:23 AM
Month to Month Not Signed (by Landlord ofthe Flies [TX]) May 22, 2019 3:16 PM
Month to Month Not Signed (by PG [SC]) Posted on: May 21, 2019 12:31 PM
Message:
I evicted a tenant. Upgraded, sold and did very well on the house. Now I have filed a $1500 civil complaint in small claims court for the cost of the eviction. During the eviction the tenant said "the Lease was not signed" eviction Judge said “the Lease was valid”.
I went from a one year to MM. Sent a blank copy to the tenant she filled it out – mailed to me – she forgot to sign it. I did not follow up my bad. My proof for the “forgot to sign” is a text I sent to her requesting completion of the MM and her signature. She said "Will do". Not a good way to sign a lease, but we were on good terms.
Now she claims the lease was invalid and she owes me nothing. If the Judge declares the MM invalid what is the default agreement? Is it the previous one year lease? Or does South Carolina verbal agreement laws apply? Also the Judge for this case is an attorney - I offered to settle out of court for $500 - she refused. $950 of the 1500 was for court cost – She did No damage to the house just dirty.
Your thoughts please.
--99.197.xxx.xx |
Month to Month Not Signed (by CGB [MI]) Posted on: May 21, 2019 1:19 PM
Message:
Check you state laws. Usually an annual lease automatically reverts to a month to month unless explicitly written notice is given. --67.149.xxx.xx |
Month to Month Not Signed (by Kim [TX]) Posted on: May 21, 2019 2:03 PM
Message:
Agree with CGB- The original lease will most likely convert to month to month so if that was signed, you should be fine. --23.30.xx.xxx |
Month to Month Not Signed (by razorback_tim [AR]) Posted on: May 21, 2019 3:33 PM
Message:
Even without the lease being signed you had a LL/T relationship as evidenced by the fact the tenant paid rent to you for however long she lived there before the eviction. State LL/T laws would apply. --70.182.xxx.x |
Month to Month Not Signed (by myob [GA]) Posted on: May 21, 2019 3:52 PM
Message:
whether signed or not-- if lease expires and no provision to revert to another annual lease is outlined they are M2M by state law. --99.103.xxx.xxx |
Month to Month Not Signed (by Moshe [CA]) Posted on: May 21, 2019 4:03 PM
Message:
Contracts can be made, not only by signature on written document, but also by behavior. If you both behave as though there was an agreement, then there is one.
You sent her a blank copy of the lease; She filled it out and mailed it back to you without signature; You sent her a text asking for her signature; She replied "Will do"; In the meantime, she took up possession and (I guess) began to pay rent according to the unsigned agreement. Subject to proof of the above facts, you two have an (oral) agreement to rent which is enforceable in probably all states, and any judge in any of those states will uphold it.
--47.139.xx.xxx |
Month to Month Not Signed (by Doogie [KS]) Posted on: May 21, 2019 7:10 PM
Message:
I've had a couple "verbal" leases over the years. Not really a good idea, but they operated much as Moshe just described. I think you'll be ok. --72.209.xxx.xxx |
Month to Month Not Signed (by Robert J [CA]) Posted on: May 21, 2019 8:43 PM
Message:
I purchased a property, apartment building, and received all paperwork with the transfer. One tenant rented the apartment as a single person and got married under my watch.
Because I made and kept a copy of every rental payment check, I could prove a business relationship with bother occupants. They had stated without a lease, I couldn't sue for back rent, only get an eviction. With copies of 68 rental check, from both occupants bank accounts, I won my judgement and collected. --47.156.xx.xx |
Month to Month Not Signed (by pg [SC]) Posted on: May 21, 2019 11:25 PM
Message:
Moshe CA She made monthly payments until the eviction.
LL/T relationship - back to the MM - Oral Agreement I think any one of the three would suffice for the small claims court.
Thanks everyone great advice. --99.197.xxx.xx |
Month to Month Not Signed (by Vee [OH]) Posted on: May 22, 2019 10:23 AM
Message:
If you had to evict the tenant was not -a good tenant-.... --76.188.xxx.xx |
Month to Month Not Signed (by Landlord ofthe Flies [TX]) Posted on: May 22, 2019 3:16 PM
Message:
In spite of contract not being signed, it was honored and upheld by both parties. Tenant paid rent and lived there, you provided the home. She owes because she lived there. At worst it was at least a verbal agreement. --108.69.xxx.xxx |
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