Check received for rent

[Nate240]

I own a house and a roommate of mine has been paying me rent for the last year. However, I did not take a security deposit and there is no written lease. He moved recently moved out and wrote me a check for the month that he lived in my house.

I knew he was short of funds and when I talked to a teller at the bank I was told that he is negative in his bank account. So if I deposit the check I won't get my money.

Since this is basically a 'verbal contract' do I still have a right to my money by having a check that was written out by him or am I out of luck because I didn't have a tenant sign a lease? I live in MN. Thanks for any help.

 

[Michael Wechsler]

You have proof that an agreement was made and you could enforce the agreement, likely in small claims court. But you still have an issue of execution -- a court gives you a judgment, not the money. You should probably try to talk to the ex roomate because his conduct could be considered writing a bad check and in violation of state law. His troubles could be just beginning. He should have plenty of incentive to just pay up and avoid having a much, much larger problem on his hands later...

Originally posted by Nate240
I own a house and a roommate of mine has been paying me rent for the last year. However, I did not take a security deposit and there is no written lease. He moved recently moved out and wrote me a check for the month that he lived in my house.

I knew he was short of funds and when I talked to a teller at the bank I was told that he is negative in his bank account. So if I deposit the check I won't get my money.

Since this is basically a 'verbal contract' do I still have a right to my money by having a check that was written out by him or am I out of luck because I didn't have a tenant sign a lease? I live in MN. Thanks for any help.