Can I take tenant to small claims for non-payment of rent?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I take tenant to small claims for non-payment of rent?

There was no written agreement, only verbal. Tenant stayed for 4 months. Tenant put a stop payment on check. Tenant tore up notice to quit form upon departure. I have text saved stating they know they owe for month but yet refuse to pay. I have all receipts, texts, etc.

Asked on September 26, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, you have a legal and factual basis to bring small claims action against your former tenant for unpaid rent under the presumed oral month-to-month agreement for the rental you own. To initiate the process go down to your county court house and ask the court clerk for a small claims application for you to fill out file and have served on your former tenant via a process server.


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