I provided the subtenant a written lease agreement to sign and return. He never did so. When he remitted payment for first month's rent and security deposit I informed him that the provisions of the lease I'd given him would be in effect during his tenancy, although he hadn't signed it, with one exception -- the due date for rent was changed.
This change also applied to the other tenants, and they have followed it faithfully. He did not, and we decided not to continue his lease after several months of giving him one last chance after another.
He is now threatening to take me to small claims court after I deducted late fees from his security deposit, saying that he always paid by the due date "in his lease," but can he do this if he never signed the lease in the first place? It is my understanding that the oral agreement should supercede the document, especially since he never signed it. Please help and thank you for reading!
This change also applied to the other tenants, and they have followed it faithfully. He did not, and we decided not to continue his lease after several months of giving him one last chance after another.
He is now threatening to take me to small claims court after I deducted late fees from his security deposit, saying that he always paid by the due date "in his lease," but can he do this if he never signed the lease in the first place? It is my understanding that the oral agreement should supercede the document, especially since he never signed it. Please help and thank you for reading!
