How can I collectrent from my brother after a verbal agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I collectrent from my brother after a verbal agreement?
My brother moved into my home over 10 years ago. He was to pay rent of $50 per week (a verbal agreement that my family is aware of). He paid me roughly 10-12 times in all these years, approximately $600 total. He moved out 11 months ago and now lives with my sister. How can I get the money from him that he owes me? How good or legal is a verbal agreement? We’re talking in the neighborhood of $2500 x 10 years, approximately $25,000.
Asked on June 25, 2011 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Legally, a verbal (or more properly, oral) lease is enforceable, just like most oral contracts are enforceable. You won't be able to collect back past the statute of limitations, which I believe is six years for a matter like this, so you'd have to write off amounts older than that.
To collect, you will need to sue him, so you'll need to file a lawsuit. In New Jersey, if the amount you're suing for is $15,000 or less, you can bring it in Special Civil Part and potentially represent yourself (be a pro se plaintiff) rather than hiring an attorney. This is NOT recommended, but representing yourself is always an option, and it's easier in Special Civil than in the Law Division generally. (If you limit what you're suing for to the threshold for Small Claims, you can bring the action there, making it even easier.)
You will need to be able to prove the existence and terms of the agreement, which you can try to do through your and others' testimonty. You'll also need to prove how much was and was not paid. No law suit is ever a given or guaranteed to win, but from what you write, it'd be worthwhile to at least consider and, ideally, consult with an attorney.
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.