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LiveandLearn · Mar 5, 2009, 07:55 PM

Hello,

I got a house in my divorce and my ex had a tenant in his apartment that wasn't paying. A friend's daughter was pg and in a apartment where drugs were involved. SO, they begged me to NOT sell this house and to let them move in. I hesitantly agreed, but felt like I had to do this. I didn't have a lease or anything, it just all happened so quickly. They helped move out the previous tenant and cleaned up the house. It was nice to start with. They kept asking to make improvements on the house. I'm disabled and unable to work, so I had to slowly get them the stuff they wanted/needed. Example, all of the windows were cracked, so I would replace a window a week. It was warm, so there was no concern in heat loss and I pay for the gas for the apartment.

The renter was also down in the basement cleaning out the basement/crawl space. He was bored and had some plan for moving his refrigerator into the stairs and wanted the path clear. While down there, he broke all of the flex pipes going to all of the appliances. Ok, I don't know that for sure, but he was there alone... and every pipe in the place busted, at once! Anyway, I fixed that as soon as I could, it took about 2 weeks. Heat was not an issue, but they couldn't cook or shower. I offered my personal home for their showers. I also let them borrow and electric grill pan, so they could still cook.

They had their baby and the tenant mentions to me that he's looking at a house and might move. I ask them to let me know as soon as possible. 3 days later, I get a text that says they are packing up and moving. At this point, they are 6 weeks late on rent, they've not paid me for electric, and while we've always had a good relationship, the tenant is suddenly screaming at me about being a bad landlord and how I should feel lucky they stayed as long as they did.

So, am I just out of my money? Do I have any recourse? We've always had a verbal agreement and have never had any troubles. As I said, this is my best friend's daughter and her hubby. Now, they won't return my calls/texts, they haven't returned my keys, and they still have vehicles at my property, but have emptied the house out. Any suggestions would be appreciated.

Thank you!

LiveandLearn · Mar 5, 2009, 08:02 PM

Oh I forgot to say that I'm in Indiana, if that makes a difference.

Thank you

Fr_Chuck · Mar 5, 2009, 08:28 PM

OK, you had a month to month rental, the lease would have to be in writing.

So if you have proof they damaged sue them for the damages.

LiveandLearn · Mar 5, 2009, 09:48 PM

Sorry, I didn't make myself clear. I don't want to sue them for damaging the pipes. I would just like them to pay their rent that they owe me and the electric bill that they owe me.

He used the delay in getting the pipes fixed and the window a week as a reason to just move out without any notice. I want to make it clear that all of the windows were cracked, but still in place.

From what I've been reading on your site, since they were paying me weekly, he should have given me a weeks notice that they were moving out.

If I take them to court, and the small claims court says they owe me... Then how do I get my money? Is it worth pursing or should I just live and learn? Would a written lease been any difference, or would I still have to fight to get my money?

Thank you for your help.