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Posts: 1
Reply with quote  #1 
hey guys. I'm new to the real estate rental business. two years ago, I bought a house in which I lived in for a brief period of time.  My house was being worked on by myself.  My friend was in dire straights and needed  place to stay.  I let him stay in my house under the condition once its done fixed up you will have to pay full rent with his future incomde.  He said he was getting social security.  All he was responisible for was untitlies.  Four months living in my home.  He hasn't paid all utitilies and still hasn't shown me  proof of income.  I officially, sent notice to  leave.  Now, he's complaing of needed repairs in house.  I'm in a  bad situation.  There is no written lease.  Oral agreement.  He is lyeing saying I never told him to pay all utitllies. Also, there is no heat downstairs.  He is complaing because of no heat in part of the house. Living room, dining  room, kitchen. He is very sick and had to go the  hospital.  SHould I hire a landlord/tenant lawyer?
George attie

Posts: 505
Reply with quote  #2 
An attorney would be best. 

With no lease, it will depend on state law as to how that's handled. In Virginia, that would mean it's a month-to-month lease and would only require 30-days' notification to terminate the lease for no reason. 

With him being in the hospital, it will be very easy for him to look like a victim and for you to appear as a big evil money-hungry landlord, but that will vary from judge to judge. 

Is there anything in text or email indicating he was responsible for utilities? It doesn't have to be in formal writing to count in most cases. 

Did you send the notice to vacate before he complained about repairs? If so, that will help your case a lot. 

I would still get an attorney, there is enough mess in this situation already that it is worth making sure every step taken from here forward is correct.

Posts: 53
Reply with quote  #3 
Error on the of caution and consult with an attorney. What state are you in? And since he is a friend and and it's your property it's your word against his he technically is not a tenant and therefore I would think but not sure you shouldn't be bound by landlord laws. Just like if you were out of state or out of the country and you ask someone to house-sit for you if that makes sense. While he's in the hospital why don't you move in there temporarily when he gets home that'll be an unexpected surprise for him.

Posts: 505
Reply with quote  #4 
He is a tenant. The original post clearly states he let him stay there with the understanding he would be paying rent once employed, that's definitely a landlord-tenant situation and so all relevant laws are applicable. Without a written lease to the contrary, it is whatever the default is in that state. In Virginia, it would be a month-to-month lease requiring 30-days notice of termination of lease. 
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