Question on Verbal Agreements

[megman69]

I didn't know which forum to post this so I decided to post in General and Misc Topics, sorry if this is the wrong forum to post this type of question on..

First off, I am 19 and I live in Texas..
I have no clue about the first thing on Verbal Agreements, but..
around September of 2004, my father allowed 2 friends of mine to rent out an room in our house here in Houston. We had a non-writen verbal agreement because these were friends of mine and I trusted that everything would go well, they both had stable jobs and what not.. Each were to pay $150 a month for a total of $300 for the one room which they both occupied. One friend payed for all months till December of 2004 in which they both moved out, and the other missed a few payments and agreed to pay $250, which was what he owed untill he moved out, at a later date when he quote "had money" because he had to pay for car notes, repair and other immediate necessities. It seems apparent now that he is unwilling to pay and I would like to know if there is anything I can do to collect the $250. I do have 2 other witnesses to both the verbal agreement and him acknowleding and agreeing to pay the $250 when he "had money".

 

[mike]

I didn't know which forum to post this so I decided to post in General and Misc Topics, sorry if this is the wrong forum to post this type of question on..

First off, I am 19 and I live in Texas..
I have no clue about the first thing on Verbal Agreements, but..
around September of 2004, my father allowed 2 friends of mine to rent out an room in our house here in Houston. We had a non-writen verbal agreement because these were friends of mine and I trusted that everything would go well, they both had stable jobs and what not.. Each were to pay $150 a month for a total of $300 for the one room which they both occupied. One friend payed for all months till December of 2004 in which they both moved out, and the other missed a few payments and agreed to pay $250, which was what he owed untill he moved out, at a later date when he quote "had money" because he had to pay for car notes, repair and other immediate necessities. It seems apparent now that he is unwilling to pay and I would like to know if there is anything I can do to collect the $250. I do have 2 other witnesses to both the verbal agreement and him acknowleding and agreeing to pay the $250 when he "had money".

Most non-lawyers are of the impression that a verbal agreement is not an enforceable agreement unless in writing. With a few exceptions, this is the furthest thing from the truth. After all, the law wants to foster a system to enforce agreements that people make and rely upon. The difference between a verbal and written agreement is that the terms of a written agreement are much easier to prove for the obvious reasons.

In this instance, if the person paid past months and then didn't pay rent for the later months, then this is sufficient evidence to show that an agreement existed. There is also a month to month tenancy in the absence of another agreement, and the tenant would likely be responsible for giving you a month's notice prior to moving out. If not, tack on another month due and owing.

What should you do? Probably send this person a letter, certified return receipt stating everything -- the terms of the agreement and the amount owed -- and also set forth a time period, maybe 3-4 weeks or so, to contact you to make payment. If no agreement could be made, take him to small claims court. If they refuse service of your letter, that is proof as well and bring the refusal to accept you letter to court.

Hopefully you'll get your money back!