A friend renting my house. We had a verbal agreement of $300.00a month. Yes, It was stupid not to get it in writing and I regret it fully.

She moved in in November 2006, paying $1000 as a "security deposit" that was to cover fixing up the house's septic system. No payment was made until march, $300 and continued payments until June. That $1000 covered November, December, January and about $100 for February.

I informed her verbally on July 1st that she needed to start looking for another place due to personal issues in my life.

She is refusing to pay July's rent.

What course of action should I take from here? Do I have any right to the rent she never paid? If the verbal contract is not binding, do I have the right to insist she leave NOW unless she pay July's rent?

Of course a verbal contract is binding, you just have to prove it in court.

When you sue her ( if she shows up) it will be your word agaist their word. The judge will rule in favor of who they believe.

If she will not pay, you have to give her late notice and notice as required by the law of your state. If they still will not leave, you will have to take them to housing court to evict them

Would a History of payment be prof in my favor?

To add to Fr_Chuck answer do you have a least some evidence that she did pay for those months? If it was in cash with no receipt it will really be a mess to sort out. I think most states require a 30 day notice for eviction. I would also suggest if this is going to be a battle you may want to try and take pictures of your house now and after she leaves if she does any damage to your property. Good luck.

Thanks you guys, this really helps.

The payments where made by checks, so there shouldn't be a problem.

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Originally Posted by Pimit

A friend renting my house. We had a verbal agreement of $300.00a month. Yes, It was stupid not to get it in writing and I regret it fully.

She moved in in November 2006, paying $1000 as a "security deposit" that was to cover fixing up the house's septic system. No payment was made until march, $300 and continued payments until June. That $1000 covered November, December, January and about $100 for February.

I informed her verbally on July 1st that she needed to start looking for another place due to personal issues in my life.

She is refusing to pay July's rent.

What course of action should I take from here? Do I have any right to the rent she never paid? If the verbal contract is not binding, do I have the right to insist she leave NOW unless she pay July's rent?

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Could you tell us what state this situation is in? Also it seems that most places as far as I understand that you cannot charge more than 1 1/2 times the rent for the security deposit.

The situation is bad, she is claiming there was no contract and that she doesn't need to pay rent.

The "Security deposit" was actually the first 3 month's rent in forward, hence why no payment was made till march. We agreed to this because the house needed work in order for her to live there, she had just lost her house and her current finances left her unable to aford the $800 apartments in the area

I meant what "State" in the usa this is in :) sorry