Can I take my previous renter to small claims court over unpaid rent without having a written lease agreement?
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Can I take my previous renter to small claims court over unpaid rent without having a written lease agreement?
I had a verbal rental agreement with an individual that agreed to pay me $600/month rent. He entered the property 11 months ago. He was late with rent every month and in 3 months ago his rent check bounced. He continued to live in the condo until a little over a month ago. He payed me all the rent he owed before he moved out except for $415. We had nothing written but I have several text messages with him promising to send the money. Are these text messages admissible in small claims court?
Asked on January 3, 2012 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can take your former tenant to small claims court for the $415.00 in past due rent owed you regardless of the fact that you do not have a written lease agreement with him or her.
The oral agreement that you have coupled with the text messages promising to send owed money should be enough evidence to the court that there was an agreement to rent and that rent was a certain amount per month.
The key issue that needs to be established is the amount owed by the former tenant to you. You have the burden of proof on that issue. Possibly the former tenant may not even show up at the hearing date.
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