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I think it would be more trouble than its worth. Did he provide his own food or did he eat whatever you cooked? Like someone else said, you really aren't out anything other than an increased power bill. And if you are renting, you probably aren't allowed to take in someone without the landlord's permission.
As for the "extra" month he skipped out on by not giving notice, big deal. Its not like this was planned income, you got rid of someone who was probably getting on your nerves so you didn't lose anything there.
You are lucky this guy has left on his own. That person could've really made life difficult for you by making you force him out through the legal process. Count your blessings.
Good morning I had a transitional house which house =d clients in recovery, I had two clients that wee like house monitiors, I gave them $1000, off of their rent and paid all utilities, this was all verbal agreements, in 2014 we discussed them being my managers and them receiving a small stipend. The couple refused the agreement, we discussed that they would be clients only and would have to move from the unit they currently occupied, as this unit was for the manager. They refused to move or pay rent for two months. Now they are suing me saying i evicted them because they wanted to be compensated. they were never evicted I gave them a 30 day notice in the process of all of this they made me loose out on clients by saying slandering my name and speaking bad on the transitional house.
In May of 2014 I close the transitional house due to the problems they were causing with the other residents, and or any one that would come to look at the rooms. I gave all residents 30 days notice that I would be closing the transitional house and they would have to all relocate. all residents relocated with the exception of the the two that I am being sued by.
I would like to counter sue them for payment of rent in the amount of $1250.00, and loss of being able to conduct my business and closing due to their lack to follow the rules of the transitional housing.
I would like to counter sue them for payment of rent in the amount of $1250.00, and loss of being able to conduct my business and closing due to their lack to follow the rules of the transitional housing.
When you reply to the suit they've filed then you put in a counter suit at the same time which will be heard in conjunction with their case against you (if it ever gets to trial). The court clerk will show you what to do.
Good morning I had a transitional house which house =d clients in recovery, I had two clients that wee like house monitiors, I gave them $1000, off of their rent and paid all utilities, this was all verbal agreements, in 2014 we discussed them being my managers and them receiving a small stipend. The couple refused the agreement, we discussed that they would be clients only and would have to move from the unit they currently occupied, as this unit was for the manager. They refused to move or pay rent for two months. Now they are suing me saying i evicted them because they wanted to be compensated. they were never evicted I gave them a 30 day notice in the process of all of this they made me loose out on clients by saying slandering my name and speaking bad on the transitional house.
In May of 2014 I close the transitional house due to the problems they were causing with the other residents, and or any one that would come to look at the rooms. I gave all residents 30 days notice that I would be closing the transitional house and they would have to all relocate. all residents relocated with the exception of the the two that I am being sued by.
I would like to counter sue them for payment of rent in the amount of $1250.00, and loss of being able to conduct my business and closing due to their lack to follow the rules of the transitional housing.
Okay, I see by your zip code you are in California. I was a resident manager in CA.
If someone lives in the building as part of their job - being your monitor or manager, then as soon as that job is over, they must vacate. You don't even have to give them a 3 day notice. You can file an unlawful detainer immediately. They don't get to stay for free while they are suing you.
This is one reason I hated being a resident manager! Too scary to lose your job and your housing in one fell swoop.
Here is a quote from the above website about being able to kick them out without notice:
When notice is NOT required
A notice is almost always needed before filing an unlawful detainer case. But there are a few exceptions:
Fixed term leases: If the tenant has a lease for a fixed period of time, and the lease is up and the landlord does not extend it, the landlord can file an unlawful detainer case without giving notice first. But the landlord cannot take any rent after the lease runs out or he or she will be creating a month-to-month tenancy, which requires notice to terminate.*
The landlord accepts the tenant's notice to end the lease: If the tenant gives the landlord notice that he or she will be moving out, but he or she does not, then the landlord can file an unlawful detainer case right away.
The tenant works for the landlord and lives on the property as part of the job: The landlord can file an unlawful detainer case without notice as soon as the tenant does not work for the landlord anymore.
So, file an unlawful detainer on the basis that they worked for you and no longer do, so they need to vacate. You can do this without a lawyer. Get the sheriff to kick them out.
Then if they actually go through with their lawsuit, and it's in small claims court, you can file a counter claim for the rent owed while you let them stay, after they no longer worked for you. You can do that yourself, too. Though, you can go see a lawyer before small claims, and get the lawyer to help you prepare for court. If these are not options, you'll need a lawyer to counter-sue them if they are suing you in regular court.
Tell the judge, their employment ended, you offered to let them stay as tenants, and they refused to pay rent or to vacate. I suggest you just use this as your mantra. Don't get into a heated he-said, she-said. Your honor, they worked for me, the employment ended, I offered to let them stay and pay rent, and they refused to pay rent or to vacate. Therefore, it was proper to evict them, and it's proper that they owe you rent.
A good way to be able to talk to a lawyer pretty cheaply is through the bar association's lawyer referral service:
My husband and I let someone move in with us because they were kicked out of their home. We made a verbal agreement that they would pay us $450 a month for every month that they stayed but we didn't put them on our lease because it wasn't going to be a permanent thing. They ended up staying for 3 months and never paid us for the last month they were with us (as in he stayed with us the full 30 days of the month and didn't pay us for the time he was there). He literally packed up all his stuff the day before it was due and said, "Sorry! I'm leaving! I'll pay you when I get the money." And never came back. He literally gave us less than 10 minutes notice when we agreed that he would have to give us 30 days. Now it's been almost three months and he still hasn't paid and he has a new job and can definitely afford it. I have saved messaged from him promising to pay the $450 he owes and that we did have a verbal agreement and even his family member's that knew about the agreement are willing to be witnesses against him. He's now said he would "pay us Wednesday" every week and he never shows up.
How can we go about getting him to pay us back? If it was a hundred bucks I would just let it go but he owes us a good bit more than that. I have a family member that works in law and they suggest I take him to small claims court since we have witnesses and documentation that he agreed to pay us what he owes but I'm not sure how that works. Is there any way to get the money back or are we just out of luck? They said that the verbal contract is valid since we have proof and that him not being on our lease shouldn't be an issue but I'm worried that it will be. The only reason we didn't put him on there was because we were doing him a favor by letting him stay awhile instead of being homeless... Now it's like we screwed ourselves over by being nice.
I lent a friend $600 bucks. After that I never heard from him again. It was the best $600 I ever spent.
Yes you can sue him. Keep all your correspondence for when you go to court.
What you do is send a certified letter of demand
Most likely it will be ignored but he may pay. If he doesn't pay
You go file your papers and then get someone ( not you ) to serve him the court summons. You really want someone who is licensed/works for a company that all they do is to serve people. There are companies that will do the whole process for you. All you do is show up.
Once in SC court you have the option for a mediator if you both so choose.
If not you get to go in front of the judge. Now it's not like TV court shows where the judge admonishes and browbeat so the plaintiff or defendant . You simply present your evidence and the judge decides. In some cases they don't tell you right there but they send you a decision in the mail.
Last edited by Electrician4you; 06-21-2014 at 01:17 PM..
Small claims is for just that! Little things that need to be justified. $450 is a lot of money, and I agree, he really owes you $900, and that's what you should put on your claim. Let the judge decide. But if you only put $450, that's all the judge can award (plus of course court fees)
As far as your lease goes, that has nothing to do with this. If your leasor wants to sue you for not abiding with the terms of your lease, then so be it. Otherwise, your terms are not the freeloaders method for escape. The only contract that is relevant, is the verbal one with the freeloader.
Go get your money! He's banking that you won't. BTW if he really is working and has a good job to boot, he may decide to pay you rather than risk a judgement on his credit. Send your demand letter now, you'll still have time to think about it...
I lent a friend $600 bucks. After that I never heard from him again. It was the best $600 I ever spent.
Good point! I tell friends and family that I never lend money to friends or family because of all the examples I've witnessed where that destroyed relationships. I tend to develop temporary deafness when strangers and acquaintances ask to borrow money. One crazy woman on a forum who I never met wanted to borrow money. Very bizarre.
My experience in small claims court is that documentary evidence has stronger weight than he said she said. Note that a verbal contract is subject to who do you believe?
One time I sued the seller because they warranted that all appliances and systems were working condition at close of escrow, written into the closing instructions and signed by them. After closing the gas company refused to turn on heater because the flue was faulty and likely to emit toxic gasses if the heater was used. Back then -- 1978 -- things were a bit simpler and my inspection showed no findings in regard to the heater.
This part is important, after I obtained an estimate I sent a demand letter via certified mail requesting that the sellers supply me with payment to complete the repairs. They did not respond. It is important to document that you attempted to obtain a settlement but gained no satisfaction. Bring the letter to court with you.
I had the heater fixed and again demanded payment ia certified mail, and again received no answer. After 30 days had passed I filed suit in small claims court. Here is another important part ---> Include any court charges and subpoena service charges in the amount you are suing for as the total amount of the lawsuit.
Also a little trick I learned from a friend, a sort of twist of the knife reserved for particularly nasty people, when you order service of subpoena, tell the process server that you heard that the defendant begins work early and request that the subpoena should be served before 6 a.m. <evil grin>
So court day arrived and I brought my escrow closing instructions, two demand letters and receipt for the repairs. The defendants arrived with a dumb look on their faces. The clerk asked to help us mediate the case but the defendants were adamant in their refusal to pay anything. We ended up queued to see the judge.
When our case was heard I stated what I said above and gave the clerk my documentation. The defendants presented their dumb looks and some babble I forgot. The judge thought for perhaps 30 seconds and ruled in my favor, and ordered them to pay up within 30 days.
So on the 30th day they dumped about $130 in pennies, nickles and dimes on my front porch. That was a very dumb thing to do, and I could have so messed with them if I had wanted to. I could have claimed I never received payment since they had no receipt. Note that paper money states on its face "good for all debts, public and private." Not so for coins. This was clearly not a legal discharge of their debt.
But I'm a good guy. I went to my credit union and started rolling up the change.The bank manager came over and asked me what I was doing so I told her. She said no problem, just write a deposit slip for what you think is there and run it through their change counting/sorting machine, and if the amount is incorrect they would debit my account. That was the end of it.
The lesson to be learned is that in small claims court documentary evidence trumps a dumb look or verbal statements.
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