Roommate moved out, won't pay late rent, now I am being threatened? (rental, eviction)

[AZLessor]

I need the opinions and suggestions of experienced renters. A roommate/tenant moved in 1.5 years ago to rent a room from me for a flat rate +utilities. I gave her a contract, but I don’t know if it was executed as I do not have a copy. She paid faithfully every month until the final 2 months. She came on hard times and could not make rent in August, so I said that I would accept it late.

On September 10th,I emailed the rental invoice like clockwork and I notified her (and the other roommates) that they needed to be out in 30 days (the eviction is not related to the late rent, I just needed all the roommates to be out). On October 10th, the tenant moved out. One month passed and I still had not received the rent for August and September (and prorated October) occupancy. She never disputed the rent invoice I provided them and told me I would get rent in one month and it never happened. I continued emailing and texting and I was ignored until I sent an email demanding payment or my attorney would contact them. This got the tenant’s attention and they said that moving out in the allotted time frame I gave them cost them tons of money, distress and hardships for which they would file counter suit for violation of the executed contract (which somehow they have and I don’t) as well as the Consumer Protection Act if I took this to small claims. They confirmed they will pay in full when it is convenient for them, but I have no idea when that will be and I want to put closure to this ASAP. The amount is just shy of $1000.

My attorney friend has since send a letter my certified mail demanding payment in 10 days. When she got that, she texted me with more threats of counter suit.

Questions
As a lessor, am I protected by the law whether or not a contract is executed? As a lessee, does the tenant have any grounds against me as long as I gave 30 days to move out?

Is a rental agreement upheld in small claims if it is not executed, but the lessee states that they did sign it? (Note: Either way, I am confident I am not in any wrong and it would probably favor me anyways.)

I am at a loss for how they have any grounds for counter-suit against me. What should I be most worried about if I file a claim with small claims court?

Given the limited details I gave above, how would you pursue if this was you?

[Skywayy2001]

Let it go; not worth the trouble. Let the lesson be learned....get precise and good contracts drawn up by attorneys, signed and notarized if you want, and always have that original.

[Kimballette]

Given the details you provided, my question is why are you asking an anonymous internet forum instead of your attorney friend?

This is not the appropriate place to ask for legal advice. If you don't want to ask your attorney friend, then call around for a free or low cost consultation with an attorney.

[AZgarden]

The OP is probably asking "us" cause there are so many realtor gurus on here and there might be a plethora of advice available. JMHO

[ji603]

OP's lucky he/she skated on thin ice this long before something went awry. Read up on Landlord/Tenant before you turn yourself into a landlord.

How does a tenant have a copy of a contract, given to him originally by the landlord, but the landlord himself doesn't have a copy?

How does a landlord legally evict tenants "because he needs them out" ?

Your biggest problem, should you go to small claims court, is that you can't prove the tenant owes you a red cent.

Exhibit A: (this is where your signed lease agreement would be, showing a standard 12 month lease, the amount of the security deposit, clauses explaining what equals default, and if after a year, the lease converts to a standard month-to-month, with only a 30 day notice due from either party required to terminate)

Since it sounds like you don't have an Exhibit A, seems like you had an extended houseguest these past few months.

I'd let sleeping dogs lie.

[Kimballette]

Originally Posted by PhxBarb

The OP is probably asking "us" cause there are so many realtor gurus on here and there might be a plethora of advice available. JMHO

No doubt! But sometimes free advice from strangers on the internet is not the wisest course of action. And that's just my opinion, of course...

[Captain Bill]

Since you don't have the copy of the contract, there is nothing to show that the person was a tenant. At this point, if you elect to pursue this, you need legal advice from an attorney. Realtors are not licensed to provide legal advice. Sorry I can't be of more help.

[ReadyFreddy]

I think the lease is the final determinant on pretty much all matters between a landlord and tenant. So if your lease said you could ask them to vacate with 30 days notice, then you're ok. But if you have no copy of the lease, I think you lost $1000 for that oversight. Sorry.

[Rick Lee]

Originally Posted by Captain Bill

Since you don't have the copy of the contract, there is nothing to show that the person was a tenant.

Wouldn't the bank statements or canceled rent checks prove that? I can provide years of bank statements showing my tenants' rent being deposited on the same day each month. What else could that be for if not rent?

[gtbguy]

Just let it go, not worth the stress. Go out have a drink of your choice, and chalk it up to a life lesson.