My husband and I had a verbal agreement to rent from a landlord, and sublet to tennants with permission, who paid partial rent or didn't pay at all, and agreement to half utilities but we were left to pay everything. They incurred substantial debt, then moved out promising verbally to repay but have not. We moved out because we can no longer afford the debt with agreement with the landlord to pay back rent. Can we file a claim against the sublet tenants for their debt owed, even though nothing is in writing?

Yes. If they paid anything at all, you can probably show there was a rental agreement. But absent a lease, the most they will owe is for what they didn't pay while living there plus one month.

What I have to wonder is why you went into this with no legal backup.

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Originally Posted by ScottGem

Yes. If they paid anything at all, you can probably show there was a rental agreement. But absent a lease, the most they will owe is for what they didn't pay while living there plus one month.

What I have to wonder is why you went into this with no legal backup.

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The circumstances under which we both moved into the property, and the intent to do the "honorable" thing, resulted in the verbal only agreement.

I would have to go to the landlord to find any possible rent history proof if there is any scant evidence. I am not looking for damages, only what is owed for both back rent and utilities.

Honorable?? The honorable thing is to get everything in writing to protect both parties.

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Originally Posted by ScottGem

honorable???? The honorable thing is to get everything in writing to protect both parties.

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It's obviously too late for that otherwise I wouldn't be on here, asking for advice. Hince the name Help Desk.

Yes, so you have to try and prove that they owe you money. If you can, then you can win a lawsuit.

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Originally Posted by ScottGem

honorable???? The honorable thing is to get everything in writing to protect both parties.

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That's the problem with the handshake deal. The parties are presumed to be honorable, and keep their word. But without a writing, no one knows what the word was. And even with a writing, important details are just not thought of. That's one good reason to hire an attorney to think of those things.