Can I take my previous renter to small claims court over unpaid rent without having a written lease agreement?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption