Roommate moved out, won't pay late rent, now I am being threatened? (lease, month-to-month)

[AZLessor]

Thank you all for the input. I agree having a copy of the contract is what I need right now, but this is why I'm reaching out on this forum. in the past 6 years, I've had 18 students come and go, and there has never been a problem. The contract is always the first thing I give potential renters, but for some reason, I don't have the copy for this one. Tenant told me in email that she has it and will produce it if I press the issue. It was a 4 month lease, then month to month after that. She stayed about a year on the month to month agreement. I gave them 30 days to be out b/c I got married. I emailed the invoices to her each month, so I have those documents, as well as scanned checks. My lawyer friend does not deal with real estate or leases, so I'm seeking additional input specific to my troubling situation. I have read and believe that I have governed according to the AZ landlord and tenant act, so I have always felt protected by that.

- Can an email from her stating that she signed the lease agreement be used as proof that she signed it?
- As she is threatening to counter-sue, is it too risky for me to call her bluff, go after the money and hope for the best? I mean, what are the chances that she would want to spend more time and money to fight this when she has confirmed that she owes the money?

Again, thank you for the advice!

[oldtrader]

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).

Fact: If there is a valid lease and it was still valid, and you ordered them to move as you say above, then you not the tenant is the one that broke the lease.

Get into court, and you may find you owe them money for your breaking of the lease as punitive damages and the landlord being forced to pay their costs to leave as the tenants say happened. When for 4 years I was president of a county wide Rental Owners and Managers association, I have seen this type of thing happen when the landlord forced a tenant out of the property while there was a lease in effect.

Best thing is to just forget it and take your lumps as several have said. You may find, you have a lot bigger attorney bill plus court costs if you go to court, than the $1,000 you are out not even taking into consideration any damages you are forced to pay.

[Howard Roark]

I concur with "let it go." I had a case of several months that a renter did not pay. I worked out of town. I wanted someone I could trust to stay and help watch my stuff in exchange for cheap rent. He only paid one month. When he moved out I sent a certified return receipt to his address (his wife signed) that he owed $1500 or so. Nothing happened. I let it go. He was earning over $90,000 per year and paying $200 per month and went home to another state every weekend. No linked in recommendations for him!

I mistakingly trusted him because of his salary and that he loves reading books. His karma is ruined though!

[azdr0710]

<$1000?......give it up!......move on!.....not worth the headache....hell, I have a headache myself now worrying about this!

[wit-nit]

Originally Posted by oldtrader

Fact: If there is a valid lease and it was still valid, and you ordered them to move as you say above, then you not the tenant is the one that broke the lease.

Get into court, and you may find you owe them money for your breaking of the lease as punitive damages and the landlord being forced to pay their costs to leave as the tenants say happened. When for 4 years I was president of a county wide Rental Owners and Managers association, I have seen this type of thing happen when the landlord forced a tenant out of the property while there was a lease in effect.

Best thing is to just forget it and take your lumps as several have said. You may find, you have a lot bigger attorney bill plus court costs if you go to court, than the $1,000 you are out not even taking into consideration any damages you are forced to pay.

This pretty much sums it up^^^. OP you're in what we call the SOL syndome, so save yourself any more grief and hang it up.

[ReadyFreddy]

Originally Posted by oldtrader

Fact: If there is a valid lease and it was still valid, and you ordered them to move as you say above, then you not the tenant is the one that broke the lease.

There are all kinds of leases, including the month-to-month kind the poster said they were now under. It's not a fact that he broke the lease. If the rules of his lease state that when it's month to month either party can give 30 days to notice to vacate (which is typical) then he didn't break the lease.

[observer53]

If you were on a month to month at that point and you gave her 30 days, that's what the law provides. However, I agree with those that say 1000 is not worth the hassle. Call it a slightly pricey lesson learned.

[oldtrader]

It all comes down to, the wording of the lease. That will determine if it a lease, or a month to month rental.

If it is a month to month, you can just turn it over to a collection agency and end up with half the amount as they collect it. I found when I managed a lot of rentals as a commercial real estate broker, that was the best way to go. Get some of it, and write off the rest. We did not have many over the 30 years, but we found it was the best way in the long run. Chasing after the former tenant, is a lot of problems and can cost you a lot of time and trouble.

[Captain Bill]

Originally Posted by Rick Lee

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?

You can probably also show a written lease. It's really a legal matter, and if he went to small claims court it would be up to the judge to determine what the money was for.

The friend also said he would counter sue. Apparently there is no written proof of the OP giving proper notice to vacate. The best advice we can give the OP, should he wish to pursue this, is to get legal advice from a real estate attorney.

[AZLessor]

Thank you all for the advice! I do have email documentation of the 30 day eviction notice and of the monthly rent statements, and of she confirming that she owes the money and will pay "eventually", and that she confirms that she signed and has the agreement, but at the end of the day, it is my negligence for not being able to produce my original copy of the lease. I guess I'll take one on the chin and chaulk this up to a (realatively) inexpensive experience and allow karma to serve justice.