So someone I am friendly with let a former co-worker move in with her about five months ago. My friend is a female, the roomie is male. It's gotten a little out of hand, they do not get along, and he has not paid rent for 2 months. No lease, just verbal agreement. He did give her a verbal 30 days notice more than 30 days ago. They are not now, nor ever been, romantically involved. She is increasingly scared of him and he has made a verbal threat and he stole her kitten apparently. I told her to throw his s#@t out in the front yard and change the locks. She called the police who told her to call the sheriff, presumably to file for eviction. I say he is trespassing. She really can't afford an attorney, etc. and she is waaaay to nice. She doesn't want to make him mad but she wants him out now. I told her to change the locks and if he breaks in to call the police. Anyone have any suggestions or know the law? I tried to Google some stuff, but it seems someone in her position isn't technically a landlord.
CitizenJulie... I might wait on another opinion.
quote:
Originally posted by bokworker
CitizenJulie... I might wait on another opinion.
There is a statuete in the state laws that gives a standard on this. He is concidered a tenate at this point, and must be evicted before any legal action can be done. Nothing major, just file an eviction notice, get the sheriff to serve it. Without a contract in place, he has 10 days to evacuate the premisis.
Then there is a tail end to this process. If she feels she is truelly in danger of harm, then she can go down to the courthouse and file for a temporary protective order. As soon as it's granted, and she knows he is home, take a cop with her to the house, the cop will server him and make him leave.
Is she also renting, or is she the owner?
Police can't kick someone out of their own home. That includes people who are renting.
Once that renter/landlord relationship is established, it becomes a civil issue. Trespassing is not an issue because it has already become civil. Again, you can't kick someone out of their own home.
If this is a renting situation, you'll need to contact the Sheriff's Office for eviction information.
If a protective order is issued by the court, the court can order the person's removal.
Pretty hard to prove he's renting with a verbal contract and a verbal 30days notice isn't it? Best I remember a verbal contract is no contract at all. You then have to collect evidence to prove that a landlord/tenant relationship actually existed which means lawyers and court.
Like Wilbur alluded, if she is not the owner then the owner may not even allow a sublease and he could have the guy evicted.
Or she could get a boyfriend with custody of a couple kids and no visible means of support, invite him to stay over several nights a week and simply make it uncomfortable for the roomate to live there.
The law provides for when there is no contract, this is where the 10 day after eviction comes in (it's actually differant if he is more then 3 months late on rent). Even if she is not the owner, and the owner does not allow subrenting, it will still apply because residence has been established. Now, she could just call the police out and tell them that she wants him out and he won't leave. They will generally tell him that he needs to get out, though they may give him some time to find a new residence if he puts up a fight on leaving. (and just for referance, let's say I've ticked off a number of roomates. All of this comes from my own research and experiance)
she's on the lease and he's not; the two of them are not married. I do not believe he would have any recourse if she simply had the apartment change the locks. She won't be able to get a protective order unless he has actually done her violence or has at least threatened it.
She needs to be reminded that no one can take advantage of her without her permission.
Thanks for all the information. She does actually own the home. I think I am going to tell her to get an eviction notice from the sheriff.
I would listen to custosnox on this.
Waterboy, that is incorrect. A verbal contract is just as binding as a written one (for everything but the sale of real property and/or D.E.T. crap). If we want to get technical a long-term lease is a transaction in real property, but it appears the verbal agreement is for 30 day periods. If not, and the agreement has been expired, we may be on an implied 30 day lease anyway.
What I'm getting at, is in my "I once heard about this in law school" opinion, he is a tenant on a month to month lease. If he has not paid rent in 2 months your friend has the right to terminate the lease and evict him. You should be able to find a "how to" somewhere online for evictions, pretty standard. But you can NOT change the locks on him.
Alternatively, she should have a little "chat" with the guy. Draw up an official lease stating that he owes 2 months back rent due within 1 month and is a "month to month" tenant at $X per month and can cancel with 2 weeks notice (notebook paper will do, but not preferred of course). If nothing else, this will provide a more sound basis for future action and a small claims action for the past due rent, or at least a viable threat of it.
Important to note: I DO NOT work in rental nor real estate law. This is my "I think I learned this" opinion and nothing better. Use this to chunk around for more perfect information - don't rely on me here.
A more viable solution might be to just tell the guy that it is no longer working and maybe he could find somewhere else to stay. Make it sound friendly like you (she) just want(s) to live alone and if she really wants him gone forgo the past due rent. Just my 2 cents. Room mates suck.
FWIW, I didn't say it wasn't binding or couldn't be binding. Just that it takes more effort to prove that a contract existed. Easy for him to simply say he was an invited guest who offered her a gift of money. With a contract you can refer to the terms, without a contract you have to use a lawyer and the court system to determine just what the parties had.
I also erred in not correctly referring to it as an oral contract as opposed to verbal. My law class was way back earlier than yours!
quote:
Originally posted by cannon_fodder
Waterboy, that is incorrect. A verbal contract is just as binding as a written one (for everything but the sale of real property and/or D.E.T. crap). If we want to get technical a long-term lease is a transaction in real property, but it appears the verbal agreement is for 30 day periods. If not, and the agreement has been expired, we may be on an implied 30 day lease anyway.
Has somebody already forgotten MYLEGS?
Oklahoma Landlord/Tenant Statutes:
http://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST41&level=1
quote:
Originally posted by iplaw
Has somebody already forgotten MYLEGS?
I didn't feel the need to go into the Statute of Frauds, but eluded to it. Hence, in my truncated analysis, if the lease was less than one year (not long term, or 30 day) and was not a transfer of land - it does not need to be in writing.
They are also not getting married, transfering an estate, it is not a sale of goods (+500 for UCC, as adopted by Oklahoma), and there is no surety of another's debt. So this would be a valid oral contract, subject to the issues of proof that arise with oral contracts.
Had Fry (got an A). Will never forget MYLEGS. Or his comb over.
Okay, but next time I expect an IRACed response from you.
I win hands down though, I had Tanaka...along with Parker and Adams all in the same semester.
Is an oral contract for a short term lease of real property binding?
An oral contract for the lease of real property is binding if it can be performed within one year (Statute of Frauds criteria) and also meets basic contracting criteria . (Throw in MYLEGS other criteria for good measure)
This contract is for less than one year (something about no issues with the rest of SoF), there was an offer to lease, consideration was exchanged (money/lodging) and the offer was accepted (he moved in) - it is a binding oral contract.
The "friend" in this scenario is a lessee and has to defer proper legal protection to her tenant. (discuss any tenants rights we may have mentioned in class).
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Who was it that you got credit for restating the facts? You had to recopy the entire fact pattern for like 50% credit. Damn that irritated me.
I think it was Waits, but I didn't have her...
Good job on the analysis though, C+
Please deposit your tuition fees as soon as possible.
She may do better just to vanish and let him have the apartment. She can move someplace where he won't find her. That was a bad thing that woman did allowing a male to move in with her.
Moving out and letting the guy "have" the apartment doesn't help, especially since she owns the house. Even if it was a rented apartment, the lease would still be in her name, and she would still be responsible for it.
CF, your absolutely right, a verbal contract is just as binding as a written contract. The only problem here is that it comes down to he said, she said. That is why courts don't really honor them, because there is nothing there proving that there was a contract, or the specific terms of said contract. While a verbal can be fought and one in court, it is not a very common occurance, and not a simple thing. But yes, the tenat eviction situation is what is really needed. While notices are pretty standard, she might want to call an attorney to draw it up for her, and walk her through the steps of filing it and serving it. It doesn't cost no where near as much to do this (in fact, there are some attorneys that would do this without a charge)as flat out hiring one to do the entire process. In most cases, they will just charge a consultation fee.